Item - 2017.TE21.6
Tracking Status
- City Council adopted this item on January 31, 2017 without amendments and without debate.
- This item was considered by the Toronto and East York Community Council on January 17, 2017 and adopted without amendment. It will be considered by City Council on January 31, 2017.
TE21.6 - 701-713 Soudan Avenue, 1674-1684 Bayview Avenue and 720 Hillsdale Avenue East - Official Plan Amendment, Zoning By-law Amendment and Rental Housing Demolition Applications - Request for Direction Report
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 22 - St. Paul's
City Council Decision
City Council on January 31, 2017, adopted the following:
1. City Council authorize the City Solicitor, together with appropriate staff, to attend the Ontario Municipal Board hearing to oppose the applicant’s appeal respecting the Official Plan Amendment and Zoning By-law Amendment applications for 701-713 Soudan Avenue, 1674-1684 Bayview Avenue, and 720 Hillsdale Avenue (14 267151 STE 22 OZ) for reasons including the following:
a. the proposal does not conform to nor maintain the intent of the policies of the Official Plan, including the Healthy Neighbourhoods, Built Form, Neighbourhoods and Mixed Use Areas policies, as discussed in this report; and
b. the proposal does not adequately address the emerging planning considerations for this area, including the July, 2016 Council-adopted principles for built form in the Yonge-Eglinton Secondary Plan area.
2. City Council defer making a decision at this time on application No. 14 227490 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 39 existing rental dwelling units at 703 and 707 Soudan Avenue; 1674, 1680, 1682 and 1684 Bayview Avenue and 720 Hillsdale Avenue East and instruct staff to report on the Section 111 Application to Toronto and East York Community Council at such time as an Ontario Municipal Board decision has been issued regarding the Official Plan and Zoning By-law Amendment appeals for such lands and the other related lands at 701, 703, 707, 709, 711 and 713 Soudan Avenue; 1674, 1678, 1680, 1682 and 1684 Bayview Avenue; and 720 Hillsdale Avenue East.
3. In the event that the Ontario Municipal Board allows the appeals in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to 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, Toronto East York District and the City Solicitor, including securing the replacement rental dwelling units and rents, tenant assistance and any other rental related matters at least in conformity with Section 3.2.1.6 of the Official Plan, and the owner has entered into and registered 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 City Solicitor.
4. In the event that the Ontario Municipal Board allows the appeals in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of any Order(s) on the Official Plan and Zoning By-law Amendment appeals for the subject lands pending City Council dealing with the application No. 14 227490 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 39 existing rental dwelling units at 703 and 707 Soudan Avenue; 1674, 1680, 1682 and 1684 Bayview Avenue and 720 Hillsdale Avenue East.
5. In the event that the appeal is allowed in whole or in part by the Ontario Municipal Board, City Council authorize the Chief Planner and Executive Director, City Planning to secure services, facilities or matters pursuant to Section 37 of the Planning Act, in consultation with the Ward Councillor, for:
- public realm improvements in the Yonge-Eglinton area per the Midtown in Focus Parks, Open Space and Streetscape Plan; and/or
- additional community services and facilities in the Yonge-Eglinton Secondary Plan Area, together with any matters to be secured as a matter of convenience.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2017/te/bgrd/backgroundfile-99907.pdf
(December 12, 2016) Report from the Director, Community Planning, Toronto and East York District - 701-713 Soudan Ave, 1674-1684 Bayview Avenue and 720 Hillsdale Avenue East - Official Plan Amendment and Zoning Amendment Applications - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2017/te/bgrd/backgroundfile-99355.pdf
Communications (Community Council)
https://www.toronto.ca/legdocs/mmis/2017/te/comm/communicationfile-67160.pdf
(January 16, 2017) Letter from Andy Gort, President, South Eglinton Ratepayers' & Residents' Association (TE.Supp.TE21.6.2)
https://www.toronto.ca/legdocs/mmis/2017/te/comm/communicationfile-67181.pdf
TE21.6 - 701-713 Soudan Avenue, 1674-1684 Bayview Avenue and 720 Hillsdale Avenue East - Official Plan Amendment, Zoning By-law Amendment and Rental Housing Demolition Applications - Request for Direction Report
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 22 - St. Paul's
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council authorize the City Solicitor, together with appropriate staff, to attend the Ontario Municipal Board hearing to oppose the applicant’s appeal respecting the Official Plan Amendment and Zoning By-law Amendment applications for 701-713 Soudan Avenue, 1674-1684 Bayview Avenue, and 720 Hillsdale Avenue (14 267151 STE 22 OZ) for reasons including the following:
a. The proposal does not conform to nor maintain the intent of the policies of the Official Plan, including the Healthy Neighbourhoods, Built Form, Neighbourhoods and Mixed Use Areas policies, as discussed in this report; and
b. The proposal does not adequately address the emerging planning considerations for this area, including the July, 2016 Council-adopted principles for built form in the Yonge-Eglinton Secondary Plan area.
2. City Council defer making a decision at this time on application No. 14 227490 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 39 existing rental dwelling units at 703 and 707 Soudan Avenue; 1674, 1680, 1682 and 1684 Bayview Avenue and 720 Hillsdale Avenue East and instruct staff to report on the Section 111 Application to Toronto and East York Community Council at such time as an Ontario Municipal Board decision has been issued regarding the Official Plan and Zoning By-law Amendment appeals for such lands and the other related lands at 701, 703, 707, 709, 711 and 713 Soudan Avenue; 1674, 1678, 1680, 1682 and 1684 Bayview Avenue; and 720 Hillsdale Avenue East.
3. In the event that the Ontario Municipal Board allows the appeals in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to 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, Toronto East York District and the City Solicitor, including securing the replacement rental dwelling units and rents, tenant assistance and any other rental related matters at least in conformity with Section 3.2.1.6 of the Official Plan, and the owner has entered into and registered 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 City Solicitor.
4. In the event that the Ontario Municipal Board allows the appeals in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of any Order(s) on the Official Plan and Zoning By-law Amendment appeals for the subject lands pending City Council dealing with the application No. 14 227490 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 39 existing rental dwelling units at 703 and 707 Soudan Avenue; 1674, 1680, 1682 and 1684 Bayview Avenue and 720 Hillsdale Avenue East.
5. In the event that the appeal is allowed in whole or in part by the Ontario Municipal Board, City Council authorize the Chief Planner and Executive Director, City Planning to secure services, facilities or matters pursuant to Section 37 of the Planning Act, in consultation with the Ward Councillor, for:
- public realm improvements in the Yonge-Eglinton area per the Midtown in Focus Parks, Open Space and Streetscape Plan; and/or
- additional community services and facilities in the Yonge-Eglinton Secondary Plan Area, together with any matters to be secured as a matter of convenience.
Origin
Summary
This application proposes an Official Plan Amendment to re-designate the site from Neighbourhoods to Mixed Use Areas, and a Zoning By-law Amendment to its residential zoning to allow a 7-storey mixed-use building fronting on the west side of Bayview Avenue. The proposed building would contain 157 residential units (inclusive of 39 replacement rental dwelling units) with retail uses on the ground floor, and have 163 underground vehicular parking spaces.
The site contains a total of 43 existing residential dwelling units - 39 rental dwelling units and 4 owner occupied dwelling units. Two existing single-detached dwellings are proposed to be retained (701 Soudan Avenue, and 720 Hillsdale Avenue).
An application for Rental Housing Demolition and Conversion under Section 11 of the City of Toronto Act (Chapter 667 of the Municipal Code) has been filed to permit the demolition of the existing rental dwelling units.
The applicant appealed its Official Plan and Zoning By-law Amendment applications to the Ontario Municipal Board due to Council's failure to make a decision within the time prescribed by the Planning Act.
The original application submitted December 24, 2014 was for a 9-storey (32.05 metre maximum height including mechanical) development with replacement of 38 of the existing rental dwelling units. A revised 8-storey (29.10 metre maximum height, including mechanical) proposal was submitted on December 23, 2015. On November 11, 2016, following the applicants appeal to the Ontario Municipal Board, the applicant submitted a public, revised with prejudice 7-storey (30.2 metre maximum height, including mechanical) settlement proposal which included replacement of all 39 existing rental dwelling units.
This report recommends that Council direct the City Solicitor, together with appropriate City Staff, to oppose the appeal at the Ontario Municipal Board.
Planning staff have considered the application within the context of the in force policy framework, including the Official Plan policies. In addition, the ongoing Yonge and Eglinton Secondary Plan review has been considered. The proposal, as revised, is not supported by Planning staff for the reasons outlined in this report.
Planning staff do not support the proposed application for re-designation from Neighbourhoods to Mixed Use Areas as it has potential destabilizing effects on the low rise Neighbourhood to the west and has the potential to set a negative precedent along the Avenue on Bayview.
The proposed built form does not meet the Healthy Neighbourhoods, Built Form, Neighbourhoods, or Mixed Use Areas policies of the Official Plan. As well, the built form does not respect or enhance the scale, character and form of the proposed Midtown Village character area in accordance with the Council-endorsed built form principles for the Yonge-Eglinton Secondary Plan Review. Further, the built form does not meet or maintain the intent of the Mid-rise Building Guidelines.
Staff recommend that Council's decision on the application for Rental Housing Demolition 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 supported by Planning staff. Council's decision under this statute is not appealable to the Ontario Municipal Board. Following the Ontario Municipal Board decision on the Official Plan and Zoning By-law Amendment appeals, the Section 111 permit application will return to Council for consideration.
Background Information
https://www.toronto.ca/legdocs/mmis/2017/te/bgrd/backgroundfile-99907.pdf
(December 12, 2016) Report from the Director, Community Planning, Toronto and East York District - 701-713 Soudan Ave, 1674-1684 Bayview Avenue and 720 Hillsdale Avenue East - Official Plan Amendment and Zoning Amendment Applications - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2017/te/bgrd/backgroundfile-99355.pdf
Communications
https://www.toronto.ca/legdocs/mmis/2017/te/comm/communicationfile-67160.pdf
(January 16, 2017) Letter from Andy Gort, President, South Eglinton Ratepayers' & Residents' Association (TE.Supp.TE21.6.2)
https://www.toronto.ca/legdocs/mmis/2017/te/comm/communicationfile-67181.pdf
Speakers
Adam Brown, Sherman Brown