Item - 2021.TE26.14
Tracking Status
- City Council adopted this item on July 14, 2021 without amendments and without debate.
- This item was considered by Toronto and East York Community Council on June 24, 2021 and was adopted with amendments. It will be considered by City Council on July 14, 2021.
TE26.14 - 386-394 Symington Avenue, 405 Perth Avenue and 17 Kingsley Avenue - Official Plan and Zoning By-law Amendment Application - Request for Direction
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 9 - Davenport
City Council Decision
City Council on July 14, 15 and 16, 2021, adopted the following:
1. City Council direct the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing in support of the resubmitted and revised Official Plan Amendment and Zoning By-law Amendment applications (15 238768 WET 17 OZ), subject to the following revision:
a. an Increase in width of the inset in the streetwall of the 4-storey building facing Perth Avenue from 3.9 metres to approximately 6 metres and/or a significant decrease in the height of the building behind the inset, all to the satisfaction of the Chief Planner and Executive Director, City Planning.
2. In the event that the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold the issuance of any Order(s) on the Official Plan Amendment and Zoning By-law Amendment appeal until:
a. draft Zoning By-law Amendments and a draft Official Plan Amendment are provided in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;
b. the owner has entered into a Section 37 agreement with the City that has been executed, and registered on title to the property all to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor securing the following community benefits that comprise those previously approved by City Council on December 4, 2018 (Item CC1.17), identified as Parts 2.b.i, ii. and iv. below, an additional community benefit identified as Part 2. iii. below, and other matters including, but not limited to, Parts 2.b.v. and vi. below:
i. a cash contribution of $500,000.00 to the City to be paid to the Conseil Scolaire Viamonde (the French Language Public School Board) for capital improvements to the school’s yard, soft landscaping, and repurposing existing paved areas to green space to be designed by the Conseil, and made accessible to the public, all in a manner that demonstrates community benefit with input from the Ward Councillor and the Perth Symington Kingsley Residents Association, with such payment to be made by the owner to the City prior to the earlier of: (a) the first above-grade building permit for the development; and (b) one year from the date that the Zoning By-law is in full force and effect, which funds shall be held by the City and, in turn, paid from the City to the Conseil subject to the Conseil entering into a community access agreement satisfactory to the Ward Councillor, in a form acceptable to the City Solicitor;
ii. a cash contribution of $250,000.00 to the City for local capital facilities in the vicinity, with such payment to be made prior to the first above-grade building permit;
iii. a cash contribution of $300,000.00 to the City for capital facilities and/or public realm improvements in the vicinity within Ward 9, with such payment to be made prior to the first above-grade building permit;
iv. a new private laneway will be introduced along the rear portion of the neighbouring properties that front on Symington Avenue to the north of the mid-rise component of the development and to the south of Kingsley Avenue. The laneway will be subject to an easement for vehicular access in favour of these neighbouring Symington Properties;
v. the payments required in Parts 2.b.ii. and iii. above will be increased by upwards index in accordance with the Non-Residential Building Construction Price Index for the Toronto CMA, reported by Statistics Canada or its successor, calculated from the date of the Section 37 Agreement to the date the payment is made; and
vi. In the event the cash contributions required in Parts 2.b.ii. and iii. above have not been used for the intended purpose within three (3) years of the date of the issuance of the first above-grade building permit, the cash contribution may be directed to 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 subject property;
c. the conditions listed in Attachment 8 of the report (June 4, 2021) from the Director, Community Planning, Toronto and East York District are addressed to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services; and
d. a peer review of the Rail Safety Assessment prepared by Hatch Engineering, dated March 24, 2021, has been completed to the satisfaction of the Chief Planner and Executive Director, City Planning.
3. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2021/te/bgrd/backgroundfile-167770.pdf
TE26.14 - 386-394 Symington Avenue, 405 Perth Avenue and 17 Kingsley Avenue - Official Plan and Zoning By-law Amendment Application - Request for Direction
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 9 - Davenport
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council direct the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing in support of the resubmitted and revised Official Plan Amendment and Zoning By-law Amendment applications (15 238768 WET 17 OZ), subject to the following revision:
a. an Increase in width of the inset in the streetwall of the 4-storey building facing Perth Avenue from 3.9 metres to approximately 6 metres and/or a significant decrease in the height of the building behind the inset, all to the satisfaction of the Chief Planner and Executive Director, City Planning.
2. In the event that the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold the issuance of any Order(s) on the Official Plan Amendment and Zoning By-law Amendment appeal until:
a. draft Zoning By-law Amendments and a draft Official Plan Amendment are provided in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;
b. the owner has entered into a Section 37 agreement with the City that has been executed, and registered on title to the property all to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor securing the following community benefits that comprise those previously approved by City Council on December 4, 2018 (Item CC1.17), identified as Recommendation 2.i, ii. and iv. below, an additional community benefit identified as iii. below, and other matters including, but not limited to, v. and vi. below:
i. a cash contribution of $500,000.00 to the City to be paid to the Conseil Scolaire Viamonde (the French Language Public School Board) for capital improvements to the school’s yard, soft landscaping, and repurposing existing paved areas to green space to be designed by the Conseil, and made accessible to the public, all in a manner that demonstrates community benefit with input from the Ward Councillor and the Perth Symington Kingsley Residents Association, with such payment to be made by the owner to the City prior to the earlier of: (a) the first above-grade building permit for the development; and, (b) one year from the date that the zoning by-law is in full force and effect, which funds shall be held by the City and, in turn, paid from the City to the Conseil subject to the Conseil entering into a community access agreement satisfactory to the Ward Councillor, in a form acceptable to the City Solicitor;
ii. a cash contribution of $250,000.00 to the City for local capital facilities in the vicinity, with such payment to be made prior to the first above-grade building permit;
iii. a cash contribution of $300,000.00 to the City for capital facilities and/or public realm improvements in the vicinity within Ward 9, with such payment to be made prior to the first above-grade building permit;
iv. a new private laneway will be introduced along the rear portion of the neighbouring properties that front on Symington Avenue to the north of the mid-rise component of the development and to the south of Kingsley Avenue. The laneway will be subject to an easement for vehicular access in favour of these neighbouring Symington Properties;
v. the payments required in Recommendations 2. ii. and iii. above will be increased by upwards index in accordance with the Non-Residential Building Construction Price Index for the Toronto CMA, reported by Statistics Canada or its successor, calculated from the date of the Section 37 Agreement to the date the payment is made; and
vi. In the event the cash contributions required in Recommendations 2.ii. and iii. above have not been used for the intended purpose within three (3) years of the date of the issuance of the first above-grade building permit, the cash contribution may be directed to 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 subject property;
c. the conditions listed in Attachment 8 of the report (June 4, 2021) from the Director, Community Planning, Toronto and East York District are addressed to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services; and
d. a peer review of the Rail Safety Assessment prepared by Hatch Engineering, dated March 24, 2021, has been completed to the satisfaction of the Chief Planner and Executive Director, City Planning.
3. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement the above recommendations.
Origin
Summary
This application proposes to amend the City of Toronto Official Plan, Zoning By-law 438-86 and City-wide Zoning By-law 569-2013 to allow for the construction of a residential development at 386-394 Symington Avenue, 405 Perth Avenue and 17 Kingsley Avenue. The application proposes a building with low-rise, mid-rise and tall building components, and consists of a 17-storey tower located at the south end of Perth Avenue, an 8-storey portion fronting onto Symington Avenue and a 4-storey portion along the east side of Perth Avenue and the south side of Kingsley Avenue. The development would have a maximum height of 60.3 metres, maximum gross floor area of 31,630 square metres, and a maximum density of 3.96 times the lot area. There are 375 proposed dwelling units, including 6 live-work units located at ground level facing Symington Avenue.
This application was originally submitted in October 2015 and appealed to the Local Planning Appeal Tribunal (LPAT) in May 2017. City Council accepted a settlement offer from the applicant in May 2018 (Item CC41.9). The settlement included community benefits under Section 37 of the Planning Act, which were further modified through a subsequent City Council decision in December 2018. The LPAT issued an interim order conditionally approving the settlement in December 2018.
The applicant has since proposed a further revised design that has been refined through discussions with staff over the past year. This report recommends that the City Solicitor, together with City Planning staff, and other appropriate City staff, attend the LPAT in support of the current resubmission, subject to the revisions described in Recommendation 1 of this report.
The proposed development is consistent with the Provincial Policy Statement (2020), conforms with the Growth Plan for the Greater Golden Horseshoe (2020), and, with the recommended revisions, conforms with the Official Plan if the proposed Official Plan Amendment is approved.
Background Information
https://www.toronto.ca/legdocs/mmis/2021/te/bgrd/backgroundfile-167770.pdf
Motions
That Recommendation 1.b. be deleted:
Recommendation to be deleted:
b. relocation of the loading area to be accessed from the south end of Perth Avenue using the same vehicular access as the proposed parking garage, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division.