Item - 2017.TE28.10

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 413-435 Roehampton Avenue.

2. In the event that the Ontario Municipal Board approves the Zoning By-law Amendment application in whole or in part, City Council require on-site parkland dedication pursuant to Section 42 of the Planning Act to be conveyed to the City to the satisfaction the General Manager, Parks, Forestry and Recreation, and that City Council agrees to a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction, by the owner, of Above Base Park Improvements for an on-site parkland dedication, all to the satisfaction of the General Manager, Parks, Forestry and Recreation (PFR).  The development charge credit to be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks Forestry and Recreation, and the Parks and Recreation component of development charges payable for such development in accordance with the City's Development Charges By-law, as may be amended from time to time.

3. In the event that the Ontario Municipal Board allows the appeal 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 Zoning By-law Amendment appeal for the subject lands pending confirmation of water, sanitary and stormwater capacity from the Executive Director, Engineering and Construction Services, and pending receipt of a satisfactory Functional Servicing Report. 

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 Amendment and Zoning By-law Amendment appeal until a draft Official Plan Amendment and draft Zoning By-law Amendment are submitted to the satisfaction of the Director, Community Planning, Toronto and East York District and the City Solicitor.

5. In the event that the Ontario Municipal Board allows the appeal 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 Amendment and Zoning By-law Amendment appeal of the subject lands pending approval by the Chief Planner of the application No. 16 249601 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish one existing rental dwelling unit at 413-435 Roehampton Avenue.

This application proposes a 4-storey (including rooftop walkouts) apartment building containing 26 stacked back-to-back townhouse style units along Roehampton Avenue and a block of nine 2-storey townhouse units to the rear of the apartment building.  Two semi-detached dwelling units will be retained to the east and west of the new apartment building. 45 parking spaces are proposed in a below grade garage.

Demolition of six semi-detached dwelling units, of which one is a rental dwelling unit, is proposed to facilitate the development. An application for Rental Housing Demolition under Chapter 667 of the Municipal Code has been filed to permit the demolition of the rental dwelling unit. The decision for the Rental Housing Demolition would be made under delegated approval by the Chief Planner.

The proposed development represents overdevelopment of the site and would negatively impact the stability of the surrounding Neighbourhood.

The proposal does not meet the Healthy Neighbourhoods, Built Form, or Neighbourhoods policies of the Official Plan.  The proposal also fails to comply with the Council-approved amendments to the Healthy Neighbourhoods and Neighbourhoods policies of the Official Plan (OPA 320).  The proposed development does not adequately address the City's Townhouse and Low-rise Apartment Guidelines, or the intent of those guidelines.

The applicant appealed its Zoning By-law Amendment application to the Ontario Municipal Board due to Council's failure to make a decision within the time prescribed by the Planning Act. No hearing has been scheduled.  This report recommends that staff be authorized to attend at the Ontario Municipal Board to oppose the appeal.