Item - 2017.NY19.33

Tracking Status

  • City Council adopted this item on January 31, 2017 with amendments.
  • This item was considered by North York Community Council on January 17, 2017 and was adopted with amendments. It will be considered by City Council on January 31, 2017.
  • See also By-law 123-2017

NY19.33 - Final Report - City Initiated Official Plan Amendment - Sheppard Avenue Commercial Area Secondary Plan Review

Decision Type:
ACTION
Status:
Amended
Ward:
23 - Willowdale

City Council Decision

City Council on January 31, 2017, adopted the following:

 

1. City Council amend the Official Plan substantially in accordance with the proposed Official Plan Amendment appended as Attachment 1 to the supplementary report (January 6, 2017) from the Director, Community Planning, North York District with the following amendments:

 

a. delete and replace Section 8.2 Site and Area Specific Policies Site for 258, 260, and 264 Sheppard Avenue West with the following policy in the proposed Official Plan Amendment:

 

"2. A maximum height of 6 storeys and 24.2 metres is permitted, set back a minimum of 7 metres from the rear property line and the height of no part of the building or structure will exceed a height equal to the horizontal distance between that part of the building and the rear property line.";

 

b.  add the following policy to the proposed Official Plan Amendment:

 

"3.6.7  Balcony railings and landscape elements for outdoor amenity space within the angular plane are allowed to project beyond the angular plane provided they minimize and limit impacts of overlook and ensure privacy is maintained to adjacent development"; and

 

c.  add the following policy to the proposed Official Plan Amendment:

 

"3.6.8  Buildings in Mixed Use Areas 'A' can utilize a modified 45 degree angular plane measured from a height of 12.5 metres at the minimum required 7.5 metre setback for the first 3 storeys of commercial/non-residential uses." 

 

2. City Council determine that the revision in Part 1 above to the proposed Official Plan Amendment appended as Attachment 1 to the supplementary report (January 6, 2017) from the Director, Community Planning, North York District, is minor in nature and pursuant to Section 17 of the Planning Act, no further public notice is required in respect of the proposed Official Plan Amendment.

 

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed Official Plan Amendment as may be required.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(November 7, 2016) Final Report and Attachments 1 to 3 from the Director, Community Planning, North York District on City Initiated Official Plan Amendment for Sheppard Avenue Commercial Area Secondary Plan Review
https://www.toronto.ca/legdocs/mmis/2017/ny/bgrd/backgroundfile-99095.pdf

Background Information (City Council)

(January 30, 2017) Supplementary report from the Chief Planner and Executive Director, City Planning on Sheppard Avenue Commercial Area Secondary Plan Review - Official Plan Amendment (NY19.33b)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-100938.pdf

Communications (Community Council)

(November 11, 2016) E-mail from Barnet H. Kussner, WeirFoulds LLP (NY.Main.NY19.33.1)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-64561.pdf
(November 11, 2016) E-mail from Barnet H. Kussner, WeirFoulds LLP (NY.Main.NY19.33.2)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-64562.pdf
(November 14, 2016) Letter from Artur and Martina Zapal submitting comments and a petition containing 404 signatures of area residents (NY.Main.NY19.33.3)
(November 14, 2016) Letter from Sabrina L. Sgotto, Weston Consulting (NY.Main.NY19.33.4)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-64564.pdf
(December 6, 2016) Letter from Artur and Martina Zapal submitting comments and a petition containing 100 signatures of area residents (NY.Main.NY19.33.5)
(December 13, 2016) E-mail from Brad Teichman, Overland LLP submitting comments and letter from Sheppard West Lansing Area Rate Payers Association (NY.Main.NY19.33.6)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-64552.pdf
(December 21, 2016) E-mail from Jonathan Rubin, Embee Properties (NY.Supp.NY19.33.7)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-64672.pdf
(December 23, 2016) E-mail from Robert A. Dragicevic, Senior Principal, Walker, Nott, Dragicevic Associates Limited (NY.Supp.NY19.33.8)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-64673.pdf
(January 6, 2017) E-mail from Jennifer Winter Di Cola (NY.New.NY19.33.9)
(January 6, 2017) E-mail from Dianne Fair (NY.New.NY19.33.10)
(January 12, 2017) E-mail from Cheslea Freeman submitting letter from Barnet H. Kussner, WeirFoulds LLP (NY.New.NY19.33.11)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-67207.pdf
(January 12, 2017) E-mail from Cheslea Freeman submitting letter from Barnet H. Kussner, WeirFoulds LLP (NY.New.NY19.33.12)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-67208.pdf
(January 12, 2017) E-mail from Brad Teichman, Overland LLP forwarding a submission from the Sheppard West Lansing Area Rate Payers Association (NY.New.NY19.33.13)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-67212.pdf
(January 13, 2017) E-mail from Brad Teichman, Overland LLP, forwarding a submission from the Sheppard West Lansing Area Rate Payers Association (NY.New.NY19.33.14)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-67209.pdf
(January 13, 2017) E-mail from Sabrina L. Sgotto, Weston Consulting (NY.New.NY19.33.15)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-67210.pdf
(January 13, 2017) E-mail from Polina Bam, Weston Consulting (NY.New.NY19.33.16)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-67211.pdf
(January 16, 2017) E-mail from Claudia Zwierzchowski, FIJ Law LLP (NY.New.NY19.33.17)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-67213.pdf
(January 13, 2017) Letter from Artur and Martina Zapal submitting a petition containing approximately 250 signatures of area residents (NY.New.NY19.33.18)
(January 16, 2017) E-mail from David Empringham (NY.New.NY19.39.19)
(January 16, 2017) E-mail from Ann Turuta (NY.New.NY19.33.20)
(January 16, 2017) Letter from Ryan Guelter, Weston Consulting (NY.New.NY19.33.21)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-67176.pdf
(January 16, 2017) E-mail from Brad Teichman, Overland LLP, forwarding a submission prepared by planning consultant, Andrew Ferancik, Walker, Nott, Dragicevic Associates Limited (NY.New.NY19.33.22)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-67217.pdf
(January 16, 2017) E-mail from Paul Martin, Vice President, WLHA (NY.New.NY19.33.23)
(January 16, 2017) E-mail from Jason Clarke (NY.New.NY19.33.24)

Communications (City Council)

(January 17, 2017) E-mail from Martina Zapal (CC.Supp.NY19.33.25)
(January 25, 2017) E-mail from Paul Martin, Vice President, West Lansing Homeowners Association (CC.Supp.NY19.33.26)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-67312.pdf
(January 30, 2017) Letter from the Sheppard West Ratepayers Association with attached petition containing 625 signatures (CC.New.NY19.33.27)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-67345.pdf

Motions (City Council)

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

That City Council adopt the following recommendation contained in the supplementary report (January 30, 2017) from the Chief Planner and Executive Director, City Planning [NY19.33b]:

 

2.  City Council amend the North York Community Council Recommendation 1 by adding a new Part b. and c. as follows:  

 

b.  Add the following policy to the proposed Official Plan Amendment:

 

"3.6.7 Balcony railings and landscape elements for outdoor amenity space within the angular plane are allowed to project beyond the angular plane provided they minimize and limit impacts of overlook and ensure privacy is maintained to adjacent development"; and

 

c.  Add the following policy to the proposed Official Plan Amendment:

 

"3.6.8 Buildings in Mixed Use Areas 'A' can utilize a modified 45 degree angular plane measured from a height of 12.5 metres at the minimum required 7.5 metre setback for the first 3 storeys of commercial/non-residential uses. 

Vote (Amend Item) Jan-31-2017 7:26 PM

Result: Carried Majority Required - NY19.33 - Pasternak - motion 1
Total members that voted Yes: 34 Members that voted Yes are Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Michelle Holland, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, John Tory, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Stephen Holyday, Jim Karygiannis
Total members that were Absent: 8 Members that were absent are Paul Ainslie, Ana Bailão, Shelley Carroll, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser, David Shiner, Michael Thompson

Motion to Adopt Item as Amended (Carried)

33a - Supplementary Report - Official Plan Amendment - Sheppard Avenue Commercial Area Secondary Plan Review

Background Information (Community Council)
(January 6, 2017) Supplementary Report and Attachment 1 (Draft Official Plan Amendment) from the Director, Community Planning, North York District on Official Plan Amendment for Sheppard Avenue Commercial Area Secondary Plan Review
https://www.toronto.ca/legdocs/mmis/2017/ny/bgrd/backgroundfile-99749.pdf
(December 15, 2016) Notice of Pending Supplementary Report from the Director, Community Planning, North York District on an Official Plan Amendment for Sheppard Avenue Commercial Area Secondary Plan Review
https://www.toronto.ca/legdocs/mmis/2017/ny/bgrd/backgroundfile-99366.pdf

NY19.33 - Final Report - City Initiated Official Plan Amendment - Sheppard Avenue Commercial Area Secondary Plan Review

Decision Type:
ACTION
Status:
Amended
Ward:
23 - Willowdale

Public Notice Given

Statutory - Planning Act, RSO 1990

Community Council Recommendations

The City Planning Division recommends that:

 

1. City Council amend the Official Plan substantially in accordance with the proposed Official Plan Amendment appended as Attachment 1 to the supplementary report (January 6, 2017) from the Director, Community Planning, North York District with the following amendment:

 

a. Delete and replace Section 8.2 Site and Area Specific Policies Site for 258, 260, and 264 Sheppard Avenue West with the following policy in the proposed Official Plan Amendment:

 

"2. A maximum height of 6 storeys and 24.2 metres is permitted, set back a minimum of 7 metres from the rear property line and the height of no part of the building or structure will exceed a height equal to the horizontal distance between that part of the building and the rear property line."

 

2. City Council determine that the above revision to the proposed Official Plan Amendment appended as Attachment 1 to the supplementary report (January 6, 2017) from the Director, Community Planning, North York District, is minor in nature and pursuant to Section 17 of the Planning Act, no further public notice is required in respect of the proposed Official Plan Amendment.

 

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed Official Plan Amendment as may be required.

Decision Advice and Other Information

North York Community Council held a statutory public meeting on January 17, 2017 and notice was given in accordance with the Planning Act.

 

North York Community Council:

 

1. Directed City Planning staff to report directly to City Council on minor adjustments to the proposed Sheppard Avenue Commercial Secondary Plan Review - Official Plan Amendment, angular plane requirements to accommodate development within the intent of the Plan on very shallow lots on the south side of Sheppard Avenue West, such minor adjustments to allow for:

 

a. slightly higher floor-to-ceiling heights on buildings which are primarily commercial; and

 

b. balcony railings and landscape elements within the angular plane.

Origin

(November 7, 2016) Report from the Director, Community Planning, North York District

Summary

This City-initiated Official Plan Amendment is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

 

The purpose of this report is to present the conclusions of the Sheppard Avenue Commercial Area Secondary Plan (SACASP) review and the proposed Official Plan policies for public consideration.

 

This report and the proposed Official Plan Amendment, to be tabled at the North York Community Council's November 15, 2016 meeting, will be brought back for consideration at a statutory Public Meeting of North York Community Council on January 17, 2017.

 

This phase of the Sheppard Avenue Commercial Area Secondary Plan (SACASP) review examined the permitted land uses, density and development standards within the western segment of the SACASP area segment of the SACASP area located west of the North York Centre between Beecroft Avenue and Brentwood/Easton Avenues. The draft Official Plan Amendment proposes updates to the SACASP, including:

 

- A mixed-use avenue;

- Appropriate density permissions;

- Appropriate built form types, setbacks, heights, massing and transitions to    neighbouring properties;

- Improving the public realm of the 36 m right-of-way along Sheppard Avenue West; and

- New parking and transportation demand management strategy.

Background Information

(November 7, 2016) Final Report and Attachments 1 to 3 from the Director, Community Planning, North York District on City Initiated Official Plan Amendment for Sheppard Avenue Commercial Area Secondary Plan Review
https://www.toronto.ca/legdocs/mmis/2017/ny/bgrd/backgroundfile-99095.pdf

Communications

(November 11, 2016) E-mail from Barnet H. Kussner, WeirFoulds LLP (NY.Main.NY19.33.1)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-64561.pdf
(November 11, 2016) E-mail from Barnet H. Kussner, WeirFoulds LLP (NY.Main.NY19.33.2)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-64562.pdf
(November 14, 2016) Letter from Artur and Martina Zapal submitting comments and a petition containing 404 signatures of area residents (NY.Main.NY19.33.3)
(November 14, 2016) Letter from Sabrina L. Sgotto, Weston Consulting (NY.Main.NY19.33.4)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-64564.pdf
(December 6, 2016) Letter from Artur and Martina Zapal submitting comments and a petition containing 100 signatures of area residents (NY.Main.NY19.33.5)
(December 13, 2016) E-mail from Brad Teichman, Overland LLP submitting comments and letter from Sheppard West Lansing Area Rate Payers Association (NY.Main.NY19.33.6)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-64552.pdf
(December 21, 2016) E-mail from Jonathan Rubin, Embee Properties (NY.Supp.NY19.33.7)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-64672.pdf
(December 23, 2016) E-mail from Robert A. Dragicevic, Senior Principal, Walker, Nott, Dragicevic Associates Limited (NY.Supp.NY19.33.8)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-64673.pdf
(January 6, 2017) E-mail from Jennifer Winter Di Cola (NY.New.NY19.33.9)
(January 6, 2017) E-mail from Dianne Fair (NY.New.NY19.33.10)
(January 12, 2017) E-mail from Cheslea Freeman submitting letter from Barnet H. Kussner, WeirFoulds LLP (NY.New.NY19.33.11)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-67207.pdf
(January 12, 2017) E-mail from Cheslea Freeman submitting letter from Barnet H. Kussner, WeirFoulds LLP (NY.New.NY19.33.12)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-67208.pdf
(January 12, 2017) E-mail from Brad Teichman, Overland LLP forwarding a submission from the Sheppard West Lansing Area Rate Payers Association (NY.New.NY19.33.13)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-67212.pdf
(January 13, 2017) E-mail from Brad Teichman, Overland LLP, forwarding a submission from the Sheppard West Lansing Area Rate Payers Association (NY.New.NY19.33.14)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-67209.pdf
(January 13, 2017) E-mail from Sabrina L. Sgotto, Weston Consulting (NY.New.NY19.33.15)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-67210.pdf
(January 13, 2017) E-mail from Polina Bam, Weston Consulting (NY.New.NY19.33.16)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-67211.pdf
(January 16, 2017) E-mail from Claudia Zwierzchowski, FIJ Law LLP (NY.New.NY19.33.17)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-67213.pdf
(January 13, 2017) Letter from Artur and Martina Zapal submitting a petition containing approximately 250 signatures of area residents (NY.New.NY19.33.18)
(January 16, 2017) E-mail from David Empringham (NY.New.NY19.39.19)
(January 16, 2017) E-mail from Ann Turuta (NY.New.NY19.33.20)
(January 16, 2017) Letter from Ryan Guelter, Weston Consulting (NY.New.NY19.33.21)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-67176.pdf
(January 16, 2017) E-mail from Brad Teichman, Overland LLP, forwarding a submission prepared by planning consultant, Andrew Ferancik, Walker, Nott, Dragicevic Associates Limited (NY.New.NY19.33.22)
https://www.toronto.ca/legdocs/mmis/2017/ny/comm/communicationfile-67217.pdf
(January 16, 2017) E-mail from Paul Martin, Vice President, WLHA (NY.New.NY19.33.23)
(January 16, 2017) E-mail from Jason Clarke (NY.New.NY19.33.24)

Speakers

Brad Teichman, Overland LLP
Kevin Bechard, Weston Consulting
Nader Kadri, Weston Consulting

Motions

Motion to Amend Item moved by Councillor John Filion (Carried)

That North York Community Council recommend that:

 

1. City Council adopt the staff recommendations in the Recommendations Section of the Supplementary report (January 6, 2017) from the Director, Community Planning, North York District, with the following amendment:

 

a. Delete and replace Section 8.2 Site and Area Specific Policies Site for 258, 260, and 264 Sheppard Avenue West with the following policy in the proposed Official Plan Amendment appended as Attachment 1 to the report (January 6, 2017) from the Director, Community Planning, North York District:

 

"2. A maximum height of 6 storeys and 24.2 metres is permitted, set back a minimum of 7 metres from the rear property line and the height of no part of the building or structure will exceed a height equal to the horizontal distance between that part of the building and the rear property line."

 

2. City Council determine that the revision to the proposed Official Plan Amendment appended as Attachment 1 to the supplementary report (January 6, 2017) from the Director, Community Planning, North York District, is minor in nature and pursuant to Section 17 of the Planning Act, no further public notice is required in respect of the proposed Official Plan Amendment.

 

3. Planning staff be directed to report directly to City Council on minor adjustments to the proposed Sheppard Avenue Commercial Secondary Plan Review - Official Plan Amendment, angular plane requirements to accommodate development within the intent of the Plan on very shallow lots on the south side of Sheppard Avenue West, such minor adjustments to allow for: 

 

a. slightly higher floor-to-ceiling heights on buildings which are primarily commercial; and

 

b. balcony railings and landscape elements within the angular plane.

33a - Supplementary Report - Official Plan Amendment - Sheppard Avenue Commercial Area Secondary Plan Review

Origin
(January 6, 2017) Report from the Director, Community Planning, North York District
Summary

This City-initiated Official Plan Amendment (OPA) is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

 

The purpose of this report is to summarize and respond to comments on the proposed Official Plan policies for the Sheppard Avenue Commercial Area Secondary Plan (SACASP) review that were available for public consideration before and following the November 15, 2016 meeting of North York Community Council (NYCC).

 

A report on the conclusions of the Sheppard Avenue Commercial Area Secondary Plan (SACASP) review and the proposed Official Plan Amendment were tabled at North York Community Council's November 15, 2016 meeting and recommended to be brought back for consideration at a statutory Public Meeting of North York Community Council on January 17, 2017.

 

This phase of the Sheppard Avenue Commercial Area Secondary Plan (SACASP) review examined the permitted land uses, density and development standards within the western segment of the SACASP area located west of the North York Centre between Beecroft Avenue and Brentwood/Easton Avenues. The draft Official Plan Amendment (Attachment 1) proposes updates to the SACASP, including:

  • A mixed-use avenue;
  • Appropriate density permissions;
  • Appropriate built form types, setbacks, heights, massing and transitions to    neighbouring properties;
  • Improving the public realm of the 36 metre right-of-way along Sheppard Avenue West; and
  • New parking and transportation demand management strategy.
Background Information
(January 6, 2017) Supplementary Report and Attachment 1 (Draft Official Plan Amendment) from the Director, Community Planning, North York District on Official Plan Amendment for Sheppard Avenue Commercial Area Secondary Plan Review
https://www.toronto.ca/legdocs/mmis/2017/ny/bgrd/backgroundfile-99749.pdf
(December 15, 2016) Notice of Pending Supplementary Report from the Director, Community Planning, North York District on an Official Plan Amendment for Sheppard Avenue Commercial Area Secondary Plan Review
https://www.toronto.ca/legdocs/mmis/2017/ny/bgrd/backgroundfile-99366.pdf
Source: Toronto City Clerk at www.toronto.ca/council