Item - 2019.NY6.7

North York Community Council recommends that:

1. City Council direct the City Solicitor, together with City Planning staff and any other City staff as appropriate, to appear before the Local Planning Appeal Tribunal (LPAT) hearing to oppose the appeal respecting the Official Plan Amendment and  Zoning By-law Amendment application in its current form for the lands at 579-585 Lawrence Avenue West.

 
2. City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant and seek revisions to the application in an attempt to resolve issues outlined in the report (May 2, 2019) from the Director, Community Planning, North York District regarding 579-585 Lawrence Avenue West, to the satisfaction of the Chief Planner and Executive Director, City Planning and report back to City Council on the outcome of discussions, if necessary.

 
3. City Council withhold from making a decision on the required associated Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code to demolish 5 existing residential rental dwelling units at 579-585 Lawrence Avenue West.

 
4. 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 Owner has provided a satisfactory Functional Servicing Report and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 
b. the Owner has provided a satisfactory Arborist Report and Revised Landscape Plan to the satisfaction of the General Manager of Parks, Forestry and Recreation;

 
c. the Chief Planner, under delegated authority, has dealt with the required associated Rental Housing Demolition application under Chapter 667 of the Toronto Municipal code to demolish 5 existing rental dwelling units at 579-585 Lawrence Avenue West; and

 
d. the Local Planning Appeal Tribunal (LPAT) has been advised by the City Solicitor that the final form and content of the draft Official Plan Amendment and by-laws are satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services.

At its meeting on May 22, 2019, the North York Community Council also considered the report (May 17, 2019) from the Director, Community Planning, North York District, which confirms the proposal does conform with the "A Place to Grow" Plan, 2019.

This application proposes to amend the Official Plan and Zoning By-law at 579, 581, 583 and 585 Lawrence Avenue West to permit the construction of 12 four-storey, freehold townhouses (excluding staircase access to roof top terrace) in 2 blocks fronting Lawrence Avenue West.  The total gross floor area of the proposal is 2,885 square metres which results in a density of 1.62 times the lot area.  The proposed height of the buildings is 16.06 metres for Block 1 at the eastern end and 15.78 metres for Block 2 at the western end.  Each unit would be provided with one integral parking space at grade in the rear of the unit and two visitor parking spaces would be provided on site to serve all 12 residential units.  Vehicular access is proposed from Lawrence Avenue West with a two-way access driveway.

The applicant has appealed the proposed Official Plan Amendment and Zoning By-law Amendment applications to the Local Planning Appeal Tribunal (LPAT), citing Council's lack of decision on the applications within the time frame specified in the Planning Act.  A Pre-Hearing Conference was held on November 29, 2018.  A second Pre-Hearing Conference will be held on May 9, 2019.  A Hearing has been scheduled for five (5) days commencing on November 18, 2019.

As a consequence of these application submissions and several inquiries regarding intensification on other properties along this stretch of Lawrence Avenue West, the City Planning Division has undertaken a Block Study for a total of 38 lots along the south side of Lawrence Avenue West between Shermount Avenue and Glenmount Avenue, including the subject lands, to determine an appropriate development framework for the properties within the Study Area.  The study has informed the current applications and will inform other applications that City Planning staff anticipates will follow.

The City Planning Division has completed the Lawrence Avenue West Block Study and prepared a report and draft Official Plan Amendment (OPA) 433 and Site and Area Specific Policy (SASP) 559 which will be considered at the May 22, 2019 meeting of North York Community Council.  The proposed development has been reviewed against draft Block Study OPA and SASP and it has been determined that the proposal deviates in some ways from the proposed Block Study Official Plan Amendment and Site and Area Specific Policy recommendations.  This report recommends that the City Solicitor, together with City Planning and other appropriate staff, attend the LPAT hearing in opposition to the site-specific Official Plan and Zoning By-law Amendment applications in their current form.

An application for Rental Housing Demolition under Chapter 667 of the Toronto Municipal Code has also been submitted to permit the demolition of 5 existing rental units at 579 – 585 Lawrence Avenue West.  Staff recommend that Council withhold from making a decision on this application, as the proposed development in its current form is not supported by Planning staff.  Council's decision under this statue is not appealable to the LPAT.  Should the LPAT approve the Official Plan and Zoning By-law Amendment appeals in whole or in part, the Chief Planner would have the delegated authority under Chapter 667 of the Toronto Municipal Code to approve the Rental Housing Demolition permit application and impose conditions.

On May 2, 2019, the Province of Ontario released A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 ("A Place to Grow") which amends the Growth Plan for the Greater Golden Horseshoe (2017). 

The "A Place to Grow" Plan has come into effect on May 16, 2019 and all planning decisions are required to conform with it, on or after May 16, 2019. Planning staff have reviewed the proposal with respect to the "A Place to Grow" Plan and can advise that for this proposal, the relevant policies of the "A Place to Grow" Plan carry on the direction of the Growth Plan for the Greater Golden Horseshoe (2017).

Staff confirm that this proposal does not conform with all the policies of the "A Place to Grow" Plan.