Item - 2016.TE13.3
Tracking Status
- City Council adopted this item on February 3, 2016 without amendments and without debate.
- This item was considered by Toronto and East York Community Council on January 19, 2016 and was adopted with amendments. It will be considered by City Council on February 3, 2016.
- See also By-law 273-2016
TE13.3 - Final Report - 40-58 Widmer Street - Zoning Amendment Application
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 20 - Trinity-Spadina
City Council Decision
City Council on February 3 and 4, 2016, adopted the following:
1. City Council amend Zoning By-law 438-86, for the lands at 40-58 Widmer Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 4 to the report (December 14, 2015) from the Director, Community Planning, Toronto and East York District), with amendments to Attachment 4 as follows:
a. amending Section 1.(g) by deleting "223" before the words "parking spaces" and replacing it with "88", so that the section now reads:
"1.(g) a minimum of 88 parking spaces for the use of residents shall be provided and maintained on the lot;"; and
b. amending Section 1.(h) by deleting "26" before the words "parking spaces" and replacing it with "12", so that the section now reads:
"1.(h) a minimum of 12 parking spaces for the use of visitors shall be provided and maintained on the lot;".
2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.
3. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to withdraw their appeal of Official Plan Amendment 199.
4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into appropriate Agreement(s) pursuant to Section 37 of the Planning Act satisfactory to the City Solicitor to secure the following, at the owner's expense:
a. Prior to the issuance of the first above-grade building permit, the owner shall make a financial contribution to the City in the amount of $1,500,000, to be allocated as follows:
i. $1,200,000 for community services, facilities and/or parkland improvements in Ward 20 to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor;
ii. $150,000 for the maintenance of or the provision of new affordable housing in Ward 20 to the satisfaction of the Chief Planner and Executive Director, City Planning and the Director, Affordable Housing Office; and
iii. $150,000 for capital repairs to Toronto Community Housing buildings in Ward 20 to the satisfaction of the Chief Planner and Executive Director, City Planning and the Director, Affordable Housing Office.
b. Prior to the issuance of the first below-grade building permit, the owner shall make a financial contribution to the City in the amount of $300,000 to be a allocated for pedestrian and cycling improvements in Ward 20 to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.
c. The cash contributions identified in Parts 4. a. and b. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment.
d. Prior to issuance of any building permit, including permits for excavation and shoring, for the first building or structure on the lands, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor, and thereafter shall implement the plan during the course of construction, with further details regarding the contents of the construction management plan, including the requirements of the owner to participate in consultation with the community on the construction management plan, to be included in the Section 37 Agreement.
5. City Council determine that pursuant to Section 34(17) of the Planning Act, as amended, no further notice is required in respect of the proposed Zoning By-law Amendment for 40-58 Widmer Street.
Statutory - Planning Act, RSO 1990
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2016/te/bgrd/backgroundfile-87064.pdf
Communications (Community Council)
(January 17, 2016) E-mail from Ralph J. Daley, President, Grange Community Association (TE.Supp.TE13.3.2)
https://www.toronto.ca/legdocs/mmis/2016/te/comm/communicationfile-58154.pdf
Communications (City Council)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-58759.pdf
TE13.3 - Final Report - 40-58 Widmer Street - Zoning Amendment Application
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 20 - Trinity-Spadina
Statutory - Planning Act, RSO 1990
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council amend Zoning By-law 438-86, for the lands at 40-58 Widmer Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 4 to the report (December 14, 2015) from the Director, Community Planning, Toronto and East York District), with amendments to Attachment 4 as follows:
a. amending Section 1.(g) by deleting "223" before the words "parking spaces" and replacing it with "88", so that the section now reads:
"1.(g) a minimum of 88 parking spaces for the use of residents shall be provided and maintained on the lot;"; and
b. amending Section 1.(h) by deleting “26” before the words "parking spaces" and replacing it with “12”, so that the section now reads:
"1.(h) a minimum of 12 parking spaces for the use of visitors shall be provided and maintained on the lot;".
2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.
3. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to withdraw their appeal of Official Plan Amendment 199.
4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into appropriate Agreement(s) pursuant to Section 37 of the Planning Act satisfactory to the City Solicitor to secure the following, at the owner's expense:
a. Prior to the issuance of the first above-grade building permit, the owner shall make a financial contribution to the City in the amount of $1,500,000, to be allocated as follows:
i. $1,200,000 for community services, facilities and/or parkland improvements in Ward 20 to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor;
ii. $150,000 for the maintenance of or the provision of new affordable housing in Ward 20 to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the Director, Affordable Housing Office; and
iii. $150,000 for capital repairs to Toronto Community Housing buildings in Ward 20 to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the Director, Affordable Housing Office.
b. Prior to the issuance of the first below-grade building permit, the owner shall make a financial contribution to the City in the amount of $300,000 to be a allocated for pedestrian and cycling improvements in Ward 20 to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor.
c. The cash contributions identified in Recommendation 4. a. and b. shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment.
d. Prior to issuance of any building permit, including permits for excavation and shoring, for the first building or structure on the lands, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor, and thereafter shall implement the plan during the course of construction, with further details regarding the contents of the construction management plan, including the requirements of the owner to participate in consultation with the community on the construction management plan, to be included in the Section 37 Agreement.
5. City Council determine that pursuant to Section 34(17) of the Planning Act, as amended, no further notice is required in respect of the proposed Zoning By-law Amendment for 40-58 Widmer Street.
Decision Advice and Other Information
Origin
Summary
This application proposes to redevelop the site at 40-58 Widmer Street with a 41-storey (137.5 metres including mechanical, 130 metres excluding mechanical) residential building with 426 residential units. The proposed building also includes six levels of below grade parking with 74 residential parking spaces and 26 visitor parking spaces.
This report reviews and recommends approval of the application to amend the Zoning By-law.
Background Information
https://www.toronto.ca/legdocs/mmis/2016/te/bgrd/backgroundfile-87064.pdf
Communications
(January 17, 2016) E-mail from Ralph J. Daley, President, Grange Community Association (TE.Supp.TE13.3.2)
https://www.toronto.ca/legdocs/mmis/2016/te/comm/communicationfile-58154.pdf
Speakers
Motions
That:
A. Recommendations 1-4, inclusive, contained in the report (December 14, 2015) from the Director, Community Planning, Toronto and East York District be deleted and replaced with the following:
"1. City Council amend Zoning By-law 438-86, for the lands at 40-58 Widmer Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 4 to the report (December 14, 2015) from the Director, Community Planning, Toronto and East York District), with amendments to Attachment 4 as follows:
a. amending Section 1.(g) by deleting "223" before the words "parking spaces" and replacing it with "88", so that the section now reads:
'1.(g) a minimum of 88 parking spaces for the use of residents shall be provided and maintained on the lot;'; and
b. amending Section 1.(h) by deleting “26” before the words "parking spaces" and replacing it with “12”, so that the section now reads:
'1.(h) a minimum of 12 parking spaces for the use of visitors shall be provided and maintained on the lot;'."
2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.
3. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to withdraw their appeal of Official Plan Amendment 199.
4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into appropriate Agreement(s) pursuant to Section 37 of the Planning Act satisfactory to the City Solicitor to secure the following, at the owner's expense:
a. Prior to the issuance of the first above-grade building permit, the owner shall make a financial contribution to the City in the amount of $1,500,000, to be allocated as follows:
i. $1,200,000 for community services, facilities and/or parkland improvements in Ward 20 to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor;
ii. $150,000 for the maintenance of or the provision of new affordable housing in Ward 20 to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the Director, Affordable Housing Office; and
iii. $150,000 for capital repairs to Toronto Community Housing buildings in Ward 20 to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the Director, Affordable Housing Office.
b. Prior to the issuance of the first below-grade building permit, the owner shall make a financial contribution to the City in the amount of $300,000 to be a allocated for pedestrian and cycling improvements in Ward 20 to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor.
c. The cash contributions identified in Recommendation 4. a. and b. shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment.
d. Prior to issuance of any building permit, including permits for excavation and shoring, for the first building or structure on the lands, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor, and thereafter shall implement the plan during the course of construction, with further details regarding the contents of the construction management plan, including the requirements of the owner to participate in consultation with the community on the construction management plan, to be included in the Section 37 Agreement.
B. Adding the following new Recommendation 5:
"5. City Council determine that pursuant to Section 34(17) of the Planning Act, as amended, no further notice is required in respect of the proposed Zoning By-law Amendment for 40-58 Widmer Street."