Item - 2018.NY31.5

North York Community Council recommends that:

1. City Council refuse the applications for the Official Plan Amendment and Zoning By-law Amendment at 35-39 Holmes Avenue for the following reasons:

a. the proposal is inconsistent with the PPS (2014);

b. the proposal fails to conform with the Growth Plan for the Greater Golden Horseshoe (2017);

c. the proposal does not conform to the Official Plan and the North York Centre Secondary Plan; and

d. the proposal does not address Council-approved Tall Building Guidelines.
 

2. City Council authorize the City Solicitor, together with appropriate staff to appear before the Local Planning Appeal Tribunal (LPAT) in support of City Council’s decision to refuse the application, in the event that the application is appealed to the LPAT.

3. In the event that the Local Planning Appeal Tribunal (LPAT) allows the appeal in whole or in part, City Council direct the City Solicitor to request the LPAT to withhold the issuance of any Orders on the Official Plan Amendment and Zoning By-law Amendment appeal for the subject lands until such time as:

a. the LPAT has been advised by the City Solicitor that the proposed official plan amendment and zoning by-law amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and City Solicitor;

 
b. the City Solicitor confirms that the owner has provided a Functional Servicing Report, Stormwater Management Report, a Site Servicing Plan and a Hydrogeological Report, acceptable to the Chief Engineer and Executive Director, Engineering and Construction Services;

 
c. the City Solicitor confirms that the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Stormwater Management Report, Site Servicing Plan and Hydrogeological Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required;

 
d. the City Solicitor confirms that the implementation of the Functional Servicing Report, Stormwater Management Report, Site Servicing Plan and Hydrogeological Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either does not require changes to the proposed amending by-laws or any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services; and

e. the City Solicitor confirms the satisfactory execution and registration of a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning to secure the Section 37 matters.

4. City Council authorize the City Solicitor and appropriate staff, in consultation with the Local Councillor, to continue discussions with the applicant to address the issues outlined in the report (May 30, 2018) from the Director, Community Planning, North York District, and should a resolution be arrived, to report back to City Council on the outcome, including proposed Section 37 contributions relating to any revised proposal, as appropriate. 

5. City Council determine that, in the event that the proposal in some form is approved by the Local Planning Appeal Tribunal, City Council require an on-site parkland dedication of 238 m2, pursuant to Section 42 of the Planning Act, to be conveyed to the City as described and set out in the report (May 30, 2018) from the Director, Community Planning, North York District.

This application proposes an 18-storey residential building comprised of 154 residential units at 35, 37 and 39 Holmes Avenue.  A gross floor area of 13,306 m² is proposed which would result in a density of 9 times the lot area.  The proposed height of the building is 60.63 metres to the top of the mechanical penthouse.  The proposed building would contain 153 parking spaces within a 3-level underground parking garage with driveway access from Holmes Avenue. 

The proposed development is not consistent with the Provincial Policy Statement (2014), does not conform with the Growth Plan for the Greater Golden Horseshoe (2017), and does not conform to the policies of the Official Plan and North York Centre Secondary Plan.  In addition, the proposed tower is incompatible with adjacent properties as it does not provide the minimum separation distances in accordance with the Tall Building Guidelines (2013).

This report reviews and recommends refusal of the applications to amend the Official Plan and Zoning Bylaw in its current form.