Item - 2016.NY18.37
Tracking Status
- City Council adopted this item on December 13, 2016 without amendments and without debate.
- This item was considered by the North York Community Council on November 15, 2016 and adopted without amendment. It will be considered by City Council on December 13, 2016.
- See also Item MM31.54
- See also By-law 844-2017
NY18.37 - Final Report - Official Plan and Zoning By-law Amendment Applications - 3 and 5 Southvale Drive
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 26 - Don Valley West
City Council Decision
City Council on December 13, 14 and 15, 2016, adopted the following:
1. City Council amend the Official Plan, at 3 Southvale Drive, 5 Southvale Drive and a portion of 1073 Millwood Road, substantially in accordance with the draft Official Plan Amendment attached as Attachment 12 to the report (November 4, 2016) from the Director, Community Planning, North York District.
2. City Council amend former Town of Leaside Zoning By-law No. 1916 for a portion of the lands at 3 Southvale Drive, 5 Southvale Drive and a portion of 1073 Millwood Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 13 to the report (November 4, 2016) from the Director, Community Planning, North York District.
3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required.
4. Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act, to be registered on title, to the satisfaction of the City Solicitor, to secure the following matters, services and facilities:
a. prior to the issuance of an above-grade building permit the Owner shall make a financial contribution to the City in the amount of $300,000 to be allocated as follows at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor:
i. $250,000 towards the construction of a splash pad in Trace Manes Park at 110 Rumsey Road; and
ii. $50,000 towards streetscape improvements within the Leaside Business Improvement Area in the general vicinity of Bayview Avenue between Davisville and Soudan Avenues;
b. the financial contributions referred to in Part 4a. above, shall be indexed in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the Owner to the City;
c. in the event the financial contributions referred to in Part 4a. above have not been used for the intended purpose within three (3) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose at the sole discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands;
d. the following matters are also recommended to be secured in the Section 37 Agreement to support the development:
i. prior to the issuance of the first above-grade building permit the Owner shall make a payment of $20,000 to the City to be used at the discretion of the General Manager, Transportation for road and infrastructure improvements at the Southvale Drive and Millwood Road intersection;
ii. the Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the Planning and Growth Management Committee; and
iii. prior to the issuance of the first building permit the Owner shall have acquired all lands proposed to form part of the development as contemplated in the zoning by-law amendment.
5. Before introducing the necessary Bills to Council for enactment, City Council require that the Owner will enter into an agreement to purchase (subject to necessary City approvals being obtained, including the City land being declared surplus and the transactions being approved by the appropriate City Authorities) a parcel of City land approximately 132 square metres in size at the corner of Southvale Drive and Millwood Road in exchange for approximately 142 square metres of land on the southeast corner of 3 Southvale Drive (both parcels as shown on Attachment 11 to the report (November 4, 2016) from the Director, Community Planning, North York District) and such other consideration based on the fair market value of each parcel, and such other terms and conditions as may be determined and approved by the Chief Corporate Officer.
6. Before introducing the necessary Bills to Council for enactment, City Council require that the Owner shall:
i. submit a revised Functional Servicing Report and Geotechnical/Hydrogeological Report to the satisfaction of the Executive Director, Engineering and Construction Services; and
ii. make arrangements to the satisfaction of the Executive Director, Engineering and Construction Services, for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, based on the Reports accepted by the Executive Director, Engineering and Construction Services.
7. City Council authorize the appropriate City Officials to take the necessary action to implement Council's decision, including execution of the contemplated agreements.
Public Notice Given
Statutory - Planning Act, RSO 1990
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2016/ny/bgrd/backgroundfile-98183.pdf
(October 27, 2016) Notice of Pending Report from Director, Community Planning, North York District on Official Plan and Zoning By-law Amendment Applications for 3 and 5 Southvale Drive
https://www.toronto.ca/legdocs/mmis/2016/ny/bgrd/backgroundfile-97801.pdf
Communications (Community Council)
(November 14, 2016) E-mail from Geoff Kettel and Carol Burtin Fripp, Co-Presidents, Leaside Property Owners Association Incorporated (NY.New.NY18.37.2)
https://www.toronto.ca/legdocs/mmis/2016/ny/comm/communicationfile-64143.pdf
NY18.37 - Final Report - Official Plan and Zoning By-law Amendment Applications - 3 and 5 Southvale Drive
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 26 - Don Valley West
Public Notice Given
Statutory - Planning Act, RSO 1990
Community Council Recommendations
North York Community Council recommends that:
1. City Council amend the Official Plan, at 3 Southvale Drive, 5 Southvale Drive and a portion of 1073 Millwood Road, substantially in accordance with the draft Official Plan Amendment attached as Attachment No.12 to the report (November 4, 2016) from the Director, Community Planning, North York District.
2. City Council amend former Town of Leaside Zoning By-law No. 1916 for a portion of the lands at 3 Southvale Drive, 5 Southvale Drive and a portion of 1073 Millwood Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No.13 to the report (November 4, 2016) from the Director, Community Planning, North York District.
3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required.
4. Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act, to be registered on title, to the satisfaction of the City Solicitor, to secure the following matters, services and facilities:
a. prior to the issuance of an above-grade building permit the Owner shall make a financial contribution to the City in the amount of $300,000 to be allocated as follows at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor:
i. $250,000 towards the construction of a splash pad in Trace Manes Park at 110 Rumsey Road; and
ii. $50,000 towards streetscape improvements within the Leaside Business Improvement Area in the general vicinity of Bayview Avenue between Davisville and Soudan Avenues;
b. the financial contributions referred to in a. above, shall be indexed in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the Owner to the City;
c. in the event the financial contributions referred to in a. above have not been used for the intended purpose within 3 years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose at the sole discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands;
d. the following matters are also recommended to be secured in the Section 37 Agreement to support the development:
i. prior to the issuance of the first above-grade building permit the Owner shall make a payment of $20,000 to the City to be used at the discretion of the General Manager, Transportation for road and infrastructure improvements at the Southvale Drive and Millwood Road intersection; and
ii. the Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the Planning and Growth Committee; and
iii. prior to the issuance of the first building permit the Owner shall have acquired all lands proposed to form part of the development as contemplated in the zoning by-law amendment.
5. Before introducing the necessary Bills to Council for enactment, City Council require that the Owner will enter into an agreement to purchase (subject to necessary City approvals being obtained, including the City land being declared surplus and the transactions being approved by the appropriate City Authorities) a parcel of City land approximately 132 square metre in size at the corner of Southvale Drive and Millwood Road in exchange for approximately 142 square metres of land on the southeast corner of 3 Southvale Drive (both parcels as shown on Attachment 11) and such other consideration based on the fair market value of each parcel, and such other terms and conditions as may be determined and approved by the Chief Corporate Officer.
6. Before introducing the necessary Bills to Council for enactment, City Council require that the Owner shall:
i. submit a revised Functional Servicing Report and Geotechnical/Hydrogeological Report to the satisfaction of the Executive Director, Engineering and Construction Services; and
ii. make arrangements to the satisfaction of the Executive Director, Engineering and Construction Services, for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, based on the Reports accepted by the Executive Director, Engineering and Construction Services.
7. City Council authorize the appropriate City Officials to take the necessary action to implement the foregoing, including execution of the contemplated agreements.
Decision Advice and Other Information
North York Community Council held a statutory public meeting on November 15, 2016 and notice was given in accordance with the Planning Act. No one addressed the North York Community Council on November 15, 2016.
Origin
Summary
This application proposes to amend the Official Plan and former Town of Leaside Zoning By-law No. 1916 to permit a seven-storey residential building containing 67 dwelling units and 75 parking spaces in two levels of underground parking at 3 and 5 Southvale Drive. The proposed building would have a maximum building height of 22.5 metres (28 metres to the roof of the mechanical penthouse) and a gross floor area of 5,948 square metres resulting in a density of 2.9 times the area of the lot (Floor Space Index).
This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law.
Background Information
https://www.toronto.ca/legdocs/mmis/2016/ny/bgrd/backgroundfile-98183.pdf
(October 27, 2016) Notice of Pending Report from Director, Community Planning, North York District on Official Plan and Zoning By-law Amendment Applications for 3 and 5 Southvale Drive
https://www.toronto.ca/legdocs/mmis/2016/ny/bgrd/backgroundfile-97801.pdf
Communications
(November 14, 2016) E-mail from Geoff Kettel and Carol Burtin Fripp, Co-Presidents, Leaside Property Owners Association Incorporated (NY.New.NY18.37.2)
https://www.toronto.ca/legdocs/mmis/2016/ny/comm/communicationfile-64143.pdf