Item - 2017.NY23.10

North York Community Council recommends that:

1. City Council refuse the application for Official Plan Amendment and Zoning By-law Amendment for the properties at 325 Bogert Ave, 314, 315, 316 and 317 Bogert Avenue and 305, 306, 307 and 308 Poyntz Avenue for the reasons outlined in the report (June 8, 2017) from the Director, Community Planning, North York District, including: the proposal is of a scale, height and massing that does not fit with the existing or planned context; the proposal does not provide appropriate transition between areas of different intensity and scale; the proposed stacked townhouses are not appropriate; and the housing strategy pursuant to the large site policy (3.2.1.9) has not been addressed.

 
2. City Council authorize the City Solicitor, together with City Planning staff and other appropriate City staff to attend the Ontario Municipal Board (OMB) to oppose the appeal of the Official Plan Amendment and Zoning By-law Amendment applications (Application No. 16 272001 NNY 23 OZ), should the applications be appealed.

 
3. City Council authorize the City Solicitor, in the event the application is appealed to the Ontario Municipal Board, to support the position that the development should not be approved without the provision of appropriate Section 37 community benefits.

4. City Council defer making a decision on Application No. 17 139152 NNY 23 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act to demolish at least 268 existing rental dwelling units at 325 Bogert Avenue and an unconfirmed number of dwelling units (by tenure and type) at 314, 315, 316 and 317 Bogert Avenue and 305, 306, 307 and 308 Poyntz Avenue until such time as Zoning By-law and Official Plan amendment applications have been approved for the subject lands.

 
5. Should the application be appealed and approved in some form by the Ontario Municipal Board, City Council direct the City Solicitor to request the Ontario Municipal Board to:

a. withhold the issuance of any Order(s) on the Official Plan and Zoning By-law Amendment appeals for the subject lands until such time as the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning and the owner have provided draft by-laws to the Board in a form and with content satisfactory to the Director, Community Planning, North York District and the City Solicitor, including requiring replacement rental dwelling units and rents, tenant assistance and any other rental related matters at least in conformity with sections 3.2.1.5 and 3.2.1.6 of the Official Plan, and the owner has entered into and registered on title to the lands,  a Section 37 Agreement with the City incorporating such replacement rental dwelling units, rents, tenant assistance, any other rental related matters and other section 37 matters, all to the satisfaction of the Chief Planner and Executive Director, City Planning and City Solicitor; and

b. withhold the issuance of any Order(s) on the Official Plan Amendment and Zoning By-law Amendment appeals for the subject lands pending City Council dealing with the application No. 17 139152 NNY 23 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish at least 268 existing rental dwelling units at 325 Bogert Avenue and an unconfirmed number of dwelling units (by tenure and type) at 314, 315, 316 and 317 Bogert Avenue and 305, 306, 307 and 308 Poyntz Avenue.

 
6. City Council authorize City Planning in consultation with the Ward Councillor, to secure appropriate services, facilities or matters pursuant to Section 37 of the Planning Act, as may be required by the Chief Planner and Executive Director, City Planning, should the Official Plan Amendment and Zoning By-law Amendment applications be appealed and the appeals allowed in some form by the Ontario Municipal Board.

 
7. City Council authorize the City Solicitor, in the event the Official Plan Amendment and Zoning Bylaw Amendment applications are appealed and the appeals are allowed in some form by the Ontario Municipal Board, that the by-laws require replacement of any existing rental dwelling units to be demolished on the property, together with rents and tenant assistance and any other rental related matters, at least in conformity with sections 3.2.1.5 and 3.2.1.6 of the Official Plan in any redevelopment of the lands, and that the owner enter into and register one or more agreements to secure such matters, all to the satisfaction of  the Chief Planner and Executive Director, City Planning and the City Solicitor.

This application for Official Plan and Zoning By-law Amendment at 325 Bogert Avenue, 314-317 Bogert Avenue and 305-308 Poyntz Avenue proposes six residential towers, two blocks of stacked townhouses, a public park, and a public road. The demolition of 268 rental dwelling units representing seven of the ten existing rental apartment buildings and 8 single-detached houses is also proposed. The proposal includes a total of 1,765 dwelling units, including the retention of 147 existing rental units and the provision of 268 rental replacement units. A 3-storey addition is proposed above the retained rental buildings.

An application for Rental Housing Demolition and Conversion under Section 111 of the City of Toronto Act (Chapter 667 of the Municipal Code) has been filed (File No. 17 139152 NNY 23 RH) to permit the demolition of at least 268 existing rental dwelling units at 325 Bogert Avenue and 8 single-detached houses at 314, 315, 316 and 317 Bogert Avenue and 305, 306, 307 and 308 Poyntz Avenue. 

Planning Policy Staff in Housing are currently reviewing the tenure and type of units located at 314, 315, 316 and 317 Bogert Avenue and 305, 306, 307 and 308 Poyntz Avenue. Additional rental units for demolition may be identified through site inspection.

This report reviews and recommends refusal of the applications to amend the Official Plan and Zoning By-laws for the reasons outlined in this report, including: the proposal is of a scale, height and massing that does not fit with the existing or planned context; the proposal does not provide appropriate transition between areas of different intensity and scale, including adjacent Neighbourhoods ; the proposed stacked townhouses are not appropriate;  and the housing strategy pursuant to the large site policy (3.2.1.9) has not been addressed.

Staff recommend that Council's decision on the application for Rental Housing Demolition and Conversion under Chapter 667 of the Municipal Code pursuant to Section 111 of the City of Toronto Act be deferred, as the proposed development is not supportable by Planning staff. Council's decision under this statute is not appealable to the Ontario Municipal Board.

In the event the applicant appeals a refusal by City Council to the Ontario Municipal Board (OMB), this report also recommends that the City Solicitor and appropriate City staff be authorized to attend any OMB hearing in opposition to the proposal.