Item - 2022.NY29.3
Tracking Status
- City Council adopted this item on February 2, 2022 without amendments and without debate.
- This item was considered by the North York Community Council on January 6, 2022 and adopted without amendment. It will be considered by City Council on February 2, 2022.
- See also By-laws 960-2022, 961-2022, 962-2022
NY29.3 - 12 to 24 Leith Hill Road - Official Plan Amendment and Zoning By-law Amendment Application - Final Report
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 17 - Don Valley North
City Council Decision
City Council on February 2 and 3, 2022, adopted the following:
1. City Council amend the Official Plan, for the lands at 12 to 24 Leith Hill Road substantially in accordance with the draft Official Plan Amendment in Attachment 1 to the report (November 17, 2021) from the Director, Community Planning, North York District.
2. City Council amend Zoning By-law 7625, as amended, for the lands at 12 to 24 Leith Hill Road substantially in accordance with the draft Zoning By-law Amendment in Attachment 2 to the report (November 17, 2021) from the Director, Community Planning, North York District.
3. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 12 to 24 Leith Hill Road substantially in accordance with the draft Zoning By-law Amendment in Attachment 3 to the report (November 17, 2021) from the Director, Community Planning, North York District.
4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and/or draft Zoning By-law Amendments as may be required.
5. Before introducing the necessary Bills to City Council for enactment, City Council require the Owner:
a. to submit at their sole expense for review and acceptance:
i. a revised Functional Servicing Report including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological Review, including the Foundation Drainage Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;
ii. secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports 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 and/or new infrastructure are required to support the development;
iii. has made satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of new infrastructure or any improvements to the municipal infrastructure, should it be determined that new infrastructure and/or upgrades/improvements are required to the existing infrastructure to support this development, and that the applicant has entered into a financially secured agreement to pay for and construct any necessary municipal infrastructure;
iv. submitted a revised Traffic Impact, Parking and Loading Study acceptable to, and to the satisfaction of the General Manager, Transportation Services and that such matters arising from such study, be secured if required; and
v. the owner will pay for and construct any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development;
b. to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:
i. prior to issuance of a the above-grade building permit, the owner of the Lands shall provide a cash contribution to the City in the amount of $1,500,000 towards improvements to Fairview Public Library and/or Oriole Community Centre;
ii. the cash contribution referred to in Part 5.b.i. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment; and
iii. in the event the cash contribution referred to in Part 5.b.i. above has not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution 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 the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands; and
c. the following matters will be secured as legal convenience in the Section 37 Agreement:
i. the Owner shall provide the following rental housing matters and improvements to the existing rental housing buildings on the lands:
a. the Owner shall continue to provide and maintain the 221 existing rental dwelling units on the lands at 12 to 24 Leith Hill Road as rental housing, together with the new and retained associated facilities and amenities of the existing residential rental property, for a period of at least 20 years commencing from the date that the Zoning By-laws come into force and effect, and with no applications for demolition or conversion from residential rental use during such 20 year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;
b. the Owner shall provide tenants of the existing rental dwelling units with access to all indoor and outdoor amenities on the lands, at no extra charge and with no pass-through costs to the tenants, including by way of an application to the Ontario Landlord Tenant Board or to any successor tribunal with jurisdiction to hear applications made under the legislation governing residential tenancies in Ontario for the purpose of obtaining an increase in residential rent above the applicable guideline. Access to, and use of, these amenities shall be on the same terms and conditions as any other resident on the subject site;
c. the Owner shall provide, repair, operate and/or maintain, at the owner's sole expense, additional improvements to the existing rental apartment building informed by the results of a tenant survey, to be identified and designed to the satisfaction of the Chief Planner and Executive Director, City Planning; the owner shall undertake the improvements to the existing rental apartment building to the satisfaction of the Chief Planner and Executive Director, City Planning or their designate;
d. the costs of all improvements to the existing residential rental building and associated spaces, both within and outside the building, as described above, shall not be passed on to tenants of the existing building in any form, including by way of an application to the Ontario Landlord Tenant Board or to any successor tribunal with jurisdiction to hear applications made under the legislation governing residential tenancies in Ontario, for the purpose of obtaining an increase in residential rent above the applicable guideline; and
e. prior to Site Plan Approval for the development the owner agrees to develop a Construction Mitigation and Tenant Communication Plan to mitigate the impacts of construction on existing tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning;
ii. the Owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site; and
iii. the requirements for a construction management plan with the general matters included in the Section 37 Agreement, including but not limited to, noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, coordination with adjacent on-going development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, in consultation with the Ward Councillor.
Public Notice Given
Statutory - Planning Act, RSO 1990
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2022/ny/bgrd/backgroundfile-174357.pdf
(December 9, 2021) Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2022/ny/bgrd/backgroundfile-174367.pdf
Communications (Community Council)
(December 28, 2021) E-mail from David Bronskill, Goodmans LLP (NY.Supp)
https://www.toronto.ca/legdocs/mmis/2022/ny/comm/communicationfile-143001.pdf
(January 5, 2022) Submission from Laku Brar, Manager, ICC Property Management Ltd. (NY.New)
https://www.toronto.ca/legdocs/mmis/2022/ny/comm/communicationfile-142997.pdf
(January 6, 2022) E-mail from Neil Todd (NY.New)
Communications (City Council)
NY29.3 - 12 to 24 Leith Hill Road - Official Plan Amendment and Zoning By-law Amendment Application - Final Report
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 17 - Don Valley North
Public Notice Given
Statutory - Planning Act, RSO 1990
Community Council Recommendations
North York Community Council recommends that:
1. City Council amend the Official Plan, for the lands at 12 to 24 Leith Hill Road substantially in accordance with the draft Official Plan Amendment in Attachment 1 to the report (November 17, 2021) from the Director, Community Planning, North York District.
2. City Council amend Zoning By-law 7625, as amended, for the lands at 12 to 24 Leith Hill Road substantially in accordance with the draft Zoning By-law Amendment in Attachment 2 to the report (November 17, 2021) from the Director, Community Planning, North York District.
3. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 12 to 24 Leith Hill Road substantially in accordance with the draft Zoning By-law Amendment in Attachment 3 to the report (November 17, 2021) from the Director, Community Planning, North York District.
4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and/or draft Zoning By-law Amendments as may be required.
5. Before introducing the necessary Bills to City Council for enactment, City Council require the Owner:
a. to submit at their sole expense for review and acceptance:
i. a revised Functional Servicing Report including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological Review, including the Foundation Drainage Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;
ii. secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports 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 and/or new infrastructure are required to support the development;
iii. has made satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of new infrastructure or any improvements to the municipal infrastructure, should it be determined that new infrastructure and/or upgrades/improvements are required to the existing infrastructure to support this development, and that the applicant has entered into a financially secured agreement to pay for and construct any necessary municipal infrastructure;
iv. submitted a revised Traffic Impact, Parking and Loading Study acceptable to, and to the satisfaction of the General Manager, Transportation Services and that such matters arising from such study, be secured if required; and
v. the owner will pay for and construct any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development.
b. to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:
i. prior to issuance of a the above-grade building permit, the owner of the Lands shall provide a cash contribution to the City in the amount of $1,500,000 towards improvements to Fairview Public Library and/or Oriole Community Centre;
ii. the cash contribution referred to in Recommendation 5.b.i. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment; and
iii. in the event the cash contribution referred to in Recommendation 5.b.i. above has not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution 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 the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands; and
c. the following matters will be secured as legal convenience in the Section 37 Agreement:
i. the Owner shall provide the following rental housing matters and improvements to the existing rental housing buildings on the lands:
a. the Owner shall continue to provide and maintain the 221 existing rental dwelling units on the lands at 12 to 24 Leith Hill Road as rental housing, together with the new and retained associated facilities and amenities of the existing residential rental property, for a period of at least 20 years commencing from the date that the Zoning By-laws come into force and effect, and with no applications for demolition or conversion from residential rental use during such 20 year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;
b. the Owner shall provide tenants of the existing rental dwelling units with access to all indoor and outdoor amenities on the lands, at no extra charge and with no pass-through costs to the tenants, including by way of an application to the Ontario Landlord Tenant Board or to any successor tribunal with jurisdiction to hear applications made under the legislation governing residential tenancies in Ontario for the purpose of obtaining an increase in residential rent above the applicable guideline. Access to, and use of, these amenities shall be on the same terms and conditions as any other resident on the subject site;
c. the Owner shall provide, repair, operate and/or maintain, at the owner's sole expense, additional improvements to the existing rental apartment building informed by the results of a tenant survey, to be identified and designed to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner shall undertake the improvements to the existing rental apartment building to the satisfaction of the Chief Planner and Executive Director, City Planning or their designate;
d. the costs of all improvements to the existing residential rental building and associated spaces, both within and outside the building, as described above, shall not be passed on to tenants of the existing building in any form, including by way of an application to the Ontario Landlord Tenant Board or to any successor tribunal with jurisdiction to hear applications made under the legislation governing residential tenancies in Ontario, for the purpose of obtaining an increase in residential rent above the applicable guideline; and
e. prior to Site Plan Approval for the development the owner agrees to develop a Construction Mitigation and Tenant Communication Plan to mitigate the impacts of construction on existing tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning.
ii. the Owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site; and
iii. the requirements for a construction management plan with the general matters included in the Section 37 Agreement, including but not limited to, noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, coordination with adjacent on-going development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, in consultation with the Ward Councillor.
Decision Advice and Other Information
The North York Community Council held a statutory public meeting on January 6, 2022 and notice was given in accordance with the Planning Act.
Origin
Summary
In a report dated February 1, 2021, for consideration at the March 1, 2021 North York Community Council meeting, City Planning recommended refusal of the application to amend the Official Plan and Zoning By-law for the lands at 12 to 24 Leith Hill Road to permit three blocks of townhouse units, containing 48 dwelling units, at the western limit of the site, and an 11-storey residential building, proposed with 121 dwelling units, to the east of the existing 16-storey apartment building. The application was not consistent with relevant policies of the Provincial Policy Statement (2020) and did not conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). Additionally, the proposed amendments were not consistent with the Official Plan, the Secondary Plan and relevant guidelines.
Consideration of this item was deferred until September 13, 2021 North York Community Council, directing staff to continue discussions with the owner towards achieving an amended development application, which amongst other matters, addresses the planning and urban design issues set out in the February 1, 2021 report. In response, the applicant revised the proposed 11-storey building reducing it to a 9-storey building, having an overall buidling height of 31 metres, east of the existing 16-storey apartment building and 48 townhouse units, contained within 3 blocks at the western limit of the subject site. The opinion of City Planning remained unchanged from the report dated February 1, 2021.
City Council on October 1 and 4, 2021, adopted recommendations directing that the Chief Planner and Executive Director, City Planning bring forward a report to the North York Community Council meeting on November 23, 2021 with the draft Official Plan Amendment and Zoning By-law Amendments to implement the proposed 9-storey building and 48 townhouse unit development, and notice for the statutory public meeting under the Planning Act be given according to the regulations of the Planning Act. At the request of the local ward Councillor, this report is being brought forward to the January 4th, 2022 North York Community Council meeting. In addition, City Council direct the Chief Planner and Executive Director, City Planning to work with the applicant, in consultation with the local councillor, to negotiate the provision of facilities, services and matters pursuant to Section 37 of the Planning Act in the amount of $1.5 million to be allocated to improvements to Fairview Public Library and Oriole Community Centre.
This report brings forward the draft Official Plan Amendment and Zoning By-law Amendments for a 9-storey building and 48 townhouse units at 12 to 24 Leith Hill Road as per City Council direction.
Background Information
https://www.toronto.ca/legdocs/mmis/2022/ny/bgrd/backgroundfile-174357.pdf
(December 9, 2021) Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2022/ny/bgrd/backgroundfile-174367.pdf
Communications
(December 28, 2021) E-mail from David Bronskill, Goodmans LLP (NY.Supp)
https://www.toronto.ca/legdocs/mmis/2022/ny/comm/communicationfile-143001.pdf
(January 5, 2022) Submission from Laku Brar, Manager, ICC Property Management Ltd. (NY.New)
https://www.toronto.ca/legdocs/mmis/2022/ny/comm/communicationfile-142997.pdf
(January 6, 2022) E-mail from Neil Todd (NY.New)
Speakers
Elsie Helen Jennings
Gabriella Fozo-Nagy
Michael Yang, President, York Condominium Corporation 99