Item - 2020.EY17.5

Etobicoke York Community Council recommends that:

1.  City Council direct the City Solicitor, together with appropriate City staff, to attend the Local Planning Appeal Tribunal (LPAT) hearing to oppose the applicant's appeal respecting the Official Plan and Zoning By-law Amendment application for 26 – 38 Burnhamthorpe Road and 45 - 49 Burnhamthorpe Crescent.

2.  City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to address the issues outlined in this report and to report back to City Council on the outcome of discussions, if necessary.

3.  In the event the 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 Order(s) on the Official Plan and Zoning By-law Amendment appeal for the subject lands until such time as:

a.  The proposed Official Plan and Zoning By-law Amendments are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;  

b.  A Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the subject lands to the satisfaction of the City Solicitor, securing community benefits to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor, and securing the matters of legal convenience outlined in Recommendation 4 below;  

c.  The owner has submitted a revised Functional Servicing Report to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  The owner has entered into the appropriate agreement with the City for the design, construction and provision of financial securities for any improvements to the municipal infrastructure to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to the infrastructure to support this development;

e.  The owner has provided space within the development for the installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681;

f.  The owner has submitted a completed Hydrological Review Summary and Servicing Report Groundwater to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

g.  The owner has submitted a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services;          

h.  The owner has submitted a revised Landscape Plan, all requirements and related approval processes of the City’s Tree By-laws have been completed and all Tree Preservation matters are resolved to the satisfaction of the General Manager, Parks, Forestry and Recreation;

i.  The owner has submitted detailed revised sun/shadow studies to the satisfaction of the Chief Planner and Executive Director, City Planning;

j.  The owner has submitted a tenant relocation and assistance plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

k.  The owner has submitted a Rental Housing Demolition Application to the satisfaction of the Chief Planner and Executive Director, City Planning; and

l.  City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has authorized the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, as applicable, to demolish the existing rental dwelling units at 26 - 38 Burnhamthorpe Road and 45 - 49 Burnhamthorpe Crescent.

4.  In the event the LPAT allows the appeal in whole or in part, City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act securing the following as a legal convenience to support development:

a.  The owner to satisfy the requirements of the Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues;

b.  The owner to satisfy the requirements of the Toronto District School Board regarding warning clauses and signage with respect to school accommodation issues;

c.  The owner to enter into a financially secured Development Agreement for the construction of any improvements to the existing municipal infrastructure,  should it be determined that upgrades are required to the infrastructure to support this development; and

d.  The owner to provide for a tenant relocation and assistance plan, to the satisfaction of the Chief Planner and Executive Director, City Planning and City Solicitor, per Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006.

The owner of the site at 26 - 38 Burnhamthorpe Road and 45 - 49 Burnhamthorpe Crescent has appealed the Official Plan and Zoning By-law Amendment application for these lands to the Local Planning Appeal Tribunal (LPAT) citing City Council's failure to make a decision on the application within the time period prescribed under the Planning Act. A Case Management Conference is scheduled for September 1, 2020.

This application proposes to amend the Official Plan and Zoning By-laws to permit a five block townhouse development consisting of 123 stacked back-to-back, 3½ storey townhouses (ranging from 12.9 - 13.5 m in height to the top of the mechanical penthouse/rooftop stair enclosure) at 26 - 38 Burnhamthorpe Road and 45 - 49 Burnhamthorpe Crescent (a site comprised of a land assembly of nine separate lots with existing detached dwellings). The proposal would have a gross floor area of 10,184 m², representing an overall density of 1.6 times the area of the lot. The development would have an underground parking garage containing 161 automobile parking spaces and two surface level automobile parking spaces.

The purpose of this report is to seek City Council's direction for the City Solicitor and other appropriate City staff to attend the Local Planning Appeal Tribunal hearing to oppose the applications, as currently proposed. The proposed development is not consistent with the Provincial Policy Statement (2020) and does not conform with the Growth Plan for the Greater Golden Horseshoe (2019), the Official Plan, the Zoning By-laws nor the City's Townhouse and Low-Rise Apartment Guidelines.

The proposed assembly of nine separate lots and demolition of existing detached dwellings to accommodate the proposal is inappropriate on lands designated Neighbourhoods, particularly in the interior of the neighbourhood on Burnhamthorpe Crescent. The proposed residential built form of stacked back-to-back townhouses and the level of intensification proposed represents overdevelopment of the site. The proposal in its current form does not conform with the Official Plan policies (particularly the Neighbourhoods development criteria Policies and Built Form Policies) and does not respect or reinforce the existing physical character of the established neighbourhood.

The proposed pattern of driveways and blocks; size and configuration of lots; dwelling type; height; density; massing; scale; setbacks and landscaping/open space (among other matters) are not consistent with the low scale context of the area. The proposal would destabilize the character of the established neighbourhood and set a negative precedent for future development in the neighbourhood. As such, staff are of the opinion the proposal in its current form does not represent good planning and is not in the public interest.