Item - 2018.NY32.15
Tracking Status
- City Council adopted this item on July 23, 2018 without amendments and without debate.
- This item was considered by the North York Community Council on July 4, 2018 and adopted without amendment. It will be considered by City Council on July 23, 2018.
NY32.15 - Request for Directions Report - Zoning Amendment Application - 135 Fenelon Drive
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 34 - Don Valley East
City Council Decision
City Council on July 23, 24, 25, 26, 27 and 30, 2018, adopted the following:
1. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to attend before the Local Planning Appeal Tribunal in support of a settlement of the Zoning By-law Amendment application for 135 Fenelon Drive based on the following plans, matters and principles of settlement:
a. the applicant's plans dated April 4, 2018, revised June 4, 2018, subject to any revisions required by the recommendations of the report (June 26, 2018) from the Director, Community Planning, North York District, to the satisfaction of the Chief Planner and Executive Director, City Planning;
b. prior to any Local Planning Appeal Tribunal Order being issued on the Zoning By-law Amendment:
i. submit a revised Functional Servicing Report and Geotechnical Hydrogeological report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
ii. make arrangements to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, based on the Reports in Part 1.b.i. above, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;
iii. enter into a financially secured agreement for the construction of any required improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development based on the Reports in Part 1.b.i. above, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and
iv. enter into an Agreement pursuant to Section 37 of the Planning Act to the satisfaction of the Director, Community Planning, North York District and the City Solicitor as follows:
a. a cash contribution in the amount of $750,000 to be used towards improvements to Graydon Hall Park, and/or parks in the vicinity of the site;
b. in the event the cash contribution referred to in Part 1.b.iv.a. above, has not been used for the intended purpose within three (3) years of the By-law coming into full force and effect, the cash contributions may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands;
c. the above noted cash contribution is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date the payment is made; and
d. the provision at least seven (7) affordable rental dwelling units with an approximate total net floor area of 560 square metres for affordable rental housing on the following terms:
i. no more than three of the affordable rental dwelling units will have one bedroom or less;
ii. each unit will have affordable rents for a period of at least fifteen (15) years, and the rental tenure of the units will be maintained for at least twenty-five (25) years;
iii. tenants of each unit will have access to parking spaces and lockers on the same basis as all other residents;
iv. the affordable rental units will not be individually condominium - registered at any time during the 25-year rental tenure period, and must be provided in contiguous blocks of no less than six units; and
v. the owner will submit proposed layouts and locations of the units with Site Plan drawings and all will be to the satisfaction of the Chief Planner and Executive Director, City Planning prior to the issuance of the Notice of Approval Conditions for the portion of the development containing the units;
e. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:
i. the Owner shall provide and maintain 218 existing dwelling units at 135 Fenelon Drive on the site as rental housing for the period of at least 20 years, from the date of the Zoning By-Law being in-force and effect, with all the new and retained associated facilities and amenities of the buildings to be secured for the rental housing units, at no extra cost to the existing tenants, and with no applications for demolition or conversion from residential rental use, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;
ii. the Owner shall provide a Construction Mitigation Plan that includes provisions for special needs tenants, mitigation for tenants during construction periods, including but not limited to alternate parking arrangements, compensation for the removal of facilities currently associated with the units, and other measures as may be deemed reasonable to the satisfaction of the Chief Planner and Executive Director, City Planning, without cost-pass through to tenants; and
iii. the Owner shall provide a Tenant Communication Plan to the satisfaction of the Chief Planner and Executive Director, City Planning.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-118049.pdf
(June 15, 2018) Notice of Pending Report from the Director, Community Planning, North York District, on a Zoning Amendment Application for 135 Fenelon Drive
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-117066.pdf
Communications (Community Council)
https://www.toronto.ca/legdocs/mmis/2018/ny/comm/communicationfile-85900.pdf
NY32.15 - Request for Directions Report - Zoning Amendment Application - 135 Fenelon Drive
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 34 - Don Valley East
Community Council Recommendations
North York Community Council recommends that:
1. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to attend before the Local Planning Appeal Tribunal in support of a settlement of the Zoning By-law Amendment application for 135 Fenelon Drive based on the following plans, matters and principles of settlement:
a. the applicant's plans dated April 4, 2018, revised June 4, 2018, subject to any revisions required by the recommendations of the report (June 26, 2018) from the Director, Community Planning, North York District, to the satisfaction of the Chief Planner and Executive Director, City Planning;
b. prior to any LPAT Order being issued on the Zoning By-law Amendment:
i. submit a revised Functional Servicing Report and Geotechnical Hydrogeological report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
ii. make arrangements to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, based on the Reports in Part 1.b.i. above, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;
iii. enter into a financially secured agreement for the construction of any required improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development based on the Reports in Part 1.b.i. above, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and
iv. enter into an Agreement pursuant to Section 37 of the Planning Act to the satisfaction of the Director, Community Planning, North York District and the City Solicitor as follows:
a. a cash contribution in the amount of $750,000 to be used towards improvements to Graydon Hall Park, and/or parks in the vicinity of the site;
b. in the event the cash contribution referred to in a. above, has not been used for the intended purpose within three (3) years of the By-law coming into full force and effect, the cash contributions may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands;
c. the above noted cash contribution is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date the payment is made; and
d. the provision at least seven (7) affordable rental dwelling units with an approximate total net floor area of 560 square meters for affordable rental housing on the following terms:
i. no more than three of the affordable rental dwelling units will have one bedroom or less;
ii. each unit will have affordable rents for a period of at least fifteen (15) years, and the rental tenure of the units will be maintained for at least twenty-five (25) years;
iii. tenants of each unit will have access to parking spaces and lockers on the same basis as all other residents;
iv. the affordable rental units will not be individually condominium - registered at any time during the 25-year rental tenure period, and must be provided in contiguous blocks of no less than six units; and
v. the owner will submit proposed layouts and locations of the units with Site Plan drawings and all will be to the satisfaction of the Chief Planner and Executive Director, City Planning prior to the issuance of the Notice of Approval Conditions for the portion of the development containing the units.
e. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:
i. the Owner shall provide and maintain 218 existing dwelling units at 135 Fenelon Drive on the site as rental housing for the period of at least 20 years, from the date of the Zoning By-Law being in-force and effect, with all the new and retained associated facilities and amenities of the buildings to be secured for the rental housing units, at no extra cost to the existing tenants, and with no applications for demolition or conversion from residential rental use, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;
ii. the Owner shall provide a Construction Mitigation Plan that includes provisions for special needs tenants, mitigation for tenants during construction periods, including but not limited to alternate parking arrangements, compensation for the removal of facilities currently associated with the units, and other measures as may be deemed reasonable to the satisfaction of the Chief Planner and Executive Director, City Planning, without cost-pass through to tenants; and
iii. the Owner shall provide a Tenant Communication Plan to the satisfaction of the Chief Planner and Executive Director, City Planning.
Origin
Summary
The purpose of this report is to seek City Council's direction for the City Solicitor, City Planning staff, and other appropriate staff to attend the LPAT hearing to support the revised development proposal for 135 Fenelon Drive, subject to certain matters being addressed to the satisfaction of the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor, as set out in this report.
This application proposes to amend the Zoning By-law to permit two infill mid-rise apartment buildings that are ten and four storeys in height on a site with an existing 19 storey apartment building. The ten-storey residential building (north building) would be attached on the north side of the existing 19-storey building and be comprised of 149 residential units with a gross floor area of 10,822 square metres. The four-storey, stand-alone residential building to the south (south building) would consist of 60 residential units with a gross floor area of 4,643 square metres, and be sited along Underpass Gate. The north building would also have 88 square metres of commercial space at grade.
Together, the entire site would consist of 427 rental units and a gross floor area of 37,528 square metres including the existing 19-storey residential apartment building. The proposed density is 2.50 times the area of the lot.
The proposed development is consistent with the Provincial Policy Statement (2014) and conforms and does not conflict with the Growth Plan for the Greater Golden Horseshoe (2017), and the City of Toronto Official Plan. This proposal would provide moderate intensification in a built form compatible with the surrounding context. Further, the proposal would involve the securing of the existing rental stock, and provide affordable rental housing options as well.
Background Information
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-118049.pdf
(June 15, 2018) Notice of Pending Report from the Director, Community Planning, North York District, on a Zoning Amendment Application for 135 Fenelon Drive
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-117066.pdf
Communications
https://www.toronto.ca/legdocs/mmis/2018/ny/comm/communicationfile-85900.pdf