Item - 2018.NY29.3
Tracking Status
- City Council adopted this item on April 24, 2018 without amendments and without debate.
- This item was considered by the North York Community Council on April 4, 2018 and adopted without amendment. It will be considered by City Council on April 24, 2018.
NY29.3 - Request for Direction Report - Zoning By-law Amendment Application - 6040 Bathurst Street and 5 Fisherville Road
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 10 - York Centre
City Council Decision
City Council on April 24, 25, 26 and 27, 2018, adopted the following:
1. City Council direct the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Local Planning Appeal Tribunal hearing to oppose the Zoning By-law Amendment application for 6040 Bathurst Street and 5 Fisherville Road in its current form.
2. City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant to address the issues outlined in the report (March 15, 2018) from the Director, Community Planning, North York District including appropriate site organization, height, appropriate public benefits to be secured and identifying improvements to the existing rental housing, pursuant to Section 37 of the Planning Act.
3. Should the Local Planning Appeal Tribunal approve the application, City Council direct the City Solicitor to advise the Local Planning Appeal Tribunal that the Zoning By-laws should not be approved without the provision of such services, facilities or matters pursuant to Section 37 of the Planning Act, as may be considered appropriate by the Chief Planner and Executive Director, City Planning, in consultation with the applicant and the Ward Councillor.
4. Should the Local Planning Appeal Tribunal approve the application, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order(s) approving the application until such time as:
a. the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendment is in a form satisfactory to the City;
b. a Section 37 Agreement has been executed to the satisfaction of the City Solicitor; and
c. the owner addresses the outstanding items outlined in the memorandum (January 12, 2017) from Engineering and Construction Services to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-113331.pdf
Communications (Community Council)
NY29.3 - Request for Direction Report - Zoning By-law Amendment Application - 6040 Bathurst Street and 5 Fisherville Road
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 10 - York Centre
Community Council Recommendations
North York Community Council recommends that:
1. City Council direct the City Solicitor, together with City Planning staff and other appropriate staff, to attend the OMB hearing to oppose the Zoning By-law Amendment application in its current form.
2. City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant to address the issues outlined in the report (March 15, 2018) from the Director, Community Planning, North York District, including appropriate site organization, height, appropriate public benefits to be secured and identifying improvements to the existing rental housing, pursuant to Section 37 of the Planning Act.
3. Should the Ontario Municipal Board approve the application, City Council direct the City Solicitor to advise the Board that the zoning by-laws should not be approved without the provision of such services, facilities or matters pursuant to Section 37 of the Planning Act, as may be considered appropriate by the Chief Planner in consultation with the applicant and the Ward Councillor.
4. Should the OMB approve the application, City Council authorize the City Solicitor to request that the OMB withholds its Order(s) approving the application until such time as:
a. the Board has been advised by the City Solicitor that the proposed Zoning By-law Amendment is in a form satisfactory to the City;
b. a Section 37 Agreement has been executed to the satisfaction of the City Solicitor; and
c. the owner addresses the outstanding items outlined in the memorandum (January 12, 2017) from Engineering and Construction Services to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.
Origin
Summary
The applicant has appealed the Zoning By-law Amendment application to the Ontario Municipal Board (OMB) due to Council's failure to make a decision on the application within the time prescribed by the Planning Act. A pre-hearing conference is being scheduled for a date between May and September, 2018. A full hearing is not yet scheduled.
This application proposes a 19-storey rental apartment building at the southwest corner of the site and a 29-storey condominium building at the northeast corner of the site at 6040 Bathurst Street and 5 Fisherville Road. Two existing 17-storey rental apartment buildings on the site would be retained.
This report recommends that the City Solicitor, together with City Planning and any other appropriate staff, attend the OMB hearing in opposition to the current proposal.
Background Information
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-113331.pdf
Communications
Motions
That North York Community Council recommend that:
1. City Council adopt the staff recommendations in the Recommendations Section of the report (March 15, 2018) from the Director, Community Planning, North York District.