Ontario Municipal Board Order issued on February 16, 2016 in Board File No. PL CITY OF TORONTO. BY-LAW No (OMB)

Similar documents
Toronto and East York Community Council Item TE6.1, as adopted by City of Toronto Council on June 10, 11 and 12, 2015 CITY OF TORONTO

Ontario Municipal Board Decision issued June 19, 2014 and Order issued January 30, 2015 in Board File No. PL CITY OF TORONTO

CITY OF TORONTO BY-LAW (LPAT)

CITY OF TORONTO BY-LAW NO. ~-20~

Ontario Municipal Board Order issued October 22, 2014 in Board File No. PL CITY OF TORONTO. BY-LAW No (OMB)

CITY OF TORONTO. BY-LAW No

Ontario Municipal Board Order issued October 12, 2012 in Board File No. PL CITY OF TORONTO. BY-LAW No (OMB)

Scarborough Community Council Item SC27.5, as adopted by City of Toronto Council on January 31, February 1 and 2, 2018 CITY OF TORONTO BY-LAW

Ontario Municipal Board Decision/Order issued on July 2, 2014 in Board File No. PL CITY OF TORONTO. BY-LAW No (OMB)

Attachment 2: Draft Zoning By-law Amendment (Amends By-law No ) CITY OF TORONTO. BY-LAW No. XXX- 2017

CITY OF TORONTO. BY-LAW No

Authority: North York Community Council Item 34.85, as adopted by City of Toronto Council on August 25, 26, 27 and 28, 2014 CITY OF TORONTO

Etobicoke York Community Council Item [#], as adopted by City of Toronto Council on [date] Draft Zoning By-law Amendment (March 20, 2019)

Authority: Ontario Municipal Board Decisions/Orders issued June 26, 2014, August 24, 2015 and July 13, 2016 in Board File PL CITY OF TORONTO

Ontario Municipal Board Decision issued May 27, 2015 and Order issued December 5, 2016 in Board File PL CITY OF TORONTO BY-LAW (OMB)

Ontario Municipal Board Decision issued July 28, 2014 and Orders issued December 4 and 17, 2015 in Board File No. PL CITY OF TORONTO

Authority: Toronto and East York Community Council Item 26.9, as adopted by City of Toronto Council on October 8, 9, 10 and 11, 2013 CITY OF TORONTO

Authority: Etobicoke York Community Council Item 25.2, as adopted by City of Toronto Council on April 6, 2009 Enacted by Council: April 30, 2009

Ontario Municipal Board Commission des affaires municipales de l Ontario

CITY OF TORONTO. BY-LAW No (OMB)

Scarborough Community Council Item SC32.4, as adopted by City of Toronto Council on July 23, 24, 25, 26, 27 and 30, 2018 CITY OF TORONTO

Niagara St Zoning Amendment Application Supplementary Report Rental Housing

Scarborough Community Council Item SC32.7, as adopted by City of Toronto Council on July 23, 24, 25, 26, 27 and 30, 2018 CITY OF TORONTO

5-7 The Esplanade (now 1 The Esplanade) Official Plan Amendment and Zoning By-law Amendment Applications Supplementary Report

Authority: Ontario Municipal Board Decision/Orders issued August 1, 2014, January 23, 2015 and May 15, 2015 in Board File No. PL CITY OF TORONTO

Planning and Growth Management Committee Item PG31.2, adopted as amended, by City of Toronto Council on July 23, 24, 25, 26, 27 and 30, 2018

480 University Avenue Zoning Amendment Application Final Report

Toronto and East York Community Council Item TE33.3, as adopted by City of Toronto Council on June 26, 27 and 28, 2018 CITY OF TORONTO BY-LAW -2018

Islington Avenue Official Plan Amendment, Zoning By-law Amendment and Plan of Subdivision Applications Final Report

43, 49 & 51 Gerrard Street West and 695 Bay Street - Zoning Amendment Application Final Report

Ontario Municipal Board Order issued on February 25, 2005 in Board File Nos. PL and PL CITY OF TORONTO. BY-LAW No.

CITY OF TORONTO. BY-LAW No

124 and 128 Pears Ave - Zoning Amendment Application Final Report

Richmond Street West - Zoning Amendment Application Final Report

Scarborough Community Council Item SC32.3, as adopted by City of Toronto Council on July 23, 24, 25, 26, 27 and 30, 2018 CITY OF TORONTO

1. 3 MARKDALE AVE PURPOSE OF THE APPLICATION:

55 and 65 Broadway Avenue Rental Housing Demolition Application Final Report

CITY OF TORONTO. BY-LAW No

Scarborough Community Council Item SC18.28, as adopted by City of Toronto Council on December 13, 14 and 15, 2016 CITY OF TORONTO BY-LAW -2017

282 St. Clair Avenue West Official Plan and Zoning Amendment Applications Final Report

277 Davenport Road Rezoning Final Report

Final Report Zoning Amendment Application 85 to 97 Eglinton Avenue East and 79 Dunfield Avenue

CITY OF TORONTO. BY-LAW No (OMB)

Ontario Municipal Board Order PL issued on June 2, 2015 and Order PL issued on April 1, 2016 CITY OF TORONTO BY-LAW (OMB)

Toronto and East York Community Council. Director, Community Planning, Toronto and East York District

297 College Street Zoning Applications Final Report

30 Tippett Road (north) Zoning By-law Amendment Application Supplementary Report

HULLMARK CENTRE INC SETTLEMENT OFFER

College Street, and 39 & 40 Glasgow Street Rezoning Application Results of OMB Hearing and Request for Further Direction

Urban Exceptions 2,001-3,000

Dawes Road Common Elements Condominium Application and Part Lot Control Application Final Report

40 Moccasin Trail and 50 Green Belt Drive - OMB

25 Vickers Road, 5555 and 5559 Dundas Street West and 10 Shorncliffe Road - Zoning Amendment Application - Request for Direction Report

THE REGIONAL MUNICIPALITY OF HALTON BY-LAW NO

2 Bicknell Avenue Zoning By-law Amendment Application Final Report

Bathurst Street Zoning Amendment Application and Rental Housing Demolition Application under Municipal Code Chapter 667 Final Report

Acting Director, Community Planning, Toronto and East York District

2 Holiday Drive - Zoning By-law Amendment Application - Final Report

Toronto and East York Community Council. Acting Director, Community Planning, Toronto and East York District

1327, 1329, 1333, 1335, 1337 and 1339 Queen Street East Residential Rental Demolition Application Under Municipal Code Chapter 667 Final Report

Director, Community Planning, North York District NNY 15 OZ & NNY 15 RH

SITE PLAN AGREEMENT THE CORPORATION OF THE TOWN OF KINGSVILLE,

315 and 327 Royal York Road Zoning By-law Amendment Application Final Report

51-65 Quebec Avenue and High Park Avenue Residential Rental Demolition Application Final Report

By-Law No OttWatch.ca By-law Archival Project

286 Finch Avenue West Zoning Amendment Final Report

Conveyance of Land & Cash in Lieu Thereof for Park and Other Purposes By-law

Kennedy Road Zoning Amendment Final Report

Urban Exceptions 1,201-1,300 (Section 239)

14 Trent Avenue Zoning Amendment Application Final Report

Queen Street East Rental Housing Demolition Application Under Municipal Code 667 Final Report

TORONTO MUNICIPAL CODE CHAPTER 415, DEVELOPMENT OF LAND. Chapter 415 DEVELOPMENT OF LAND. ARTICLE I Development Charges

Executive Committee Item EX10.18, adopted as amended, by City of Toronto Council on December 9 and 10, 2015 CITY OF TORONTO. BY-LAW No.

15 St. Mary Street, St. Nicholas Street and a portion of 692 Yonge Street Rezoning Final Report

40-58 Widmer Street - Zoning Amendment Application Final Report

Director, Community Planning, North York District

STAFF REPORT ACTION REQUIRED

Executive Committee Item EX33.3, adopted as amended, by City of Toronto Council on April 24, 25, 26 and 27, 2018 CITY OF TORONTO BY-LAW

THE CORPORATION OF THE CITY OF VAUGHAN

1 Heathcote Avenue Zoning Amendment Application Final Report

Director, Community Planning, North York District

Special Provisions. Map 12(4) N/W Dundas Street and Sixth Line. (Block 114, Plan 20M-1114) ( ) ( ) Zone Provisions. Section 8.

97 Walmer Road and Spadina Road Official Plan Amendment, Zoning Amendment and Rental Housing Conversion Applications Final Report

CITY OF TORONTO ZONING BY-LAW

General Provisions. 4.1 Accessory Dwelling Units. 4.2 Accessory Uses. Part Residential Zones

Director, Community Planning, North York District NNY 23 OZ and NNY 23 RH

REPORT. Chair & Members of Community Affairs Committee John McMulkin, Planner Development Review REPORT TO: REPORT FROM:

12, 14, 16 and 18 Marquette Avenue and 7 Carhartt Street Zoning By-law Amendment Application - Preliminary Report

THE CITY OF VAUGHAN BY-LAW BY-LAW NUMBER WHEREAS the matters herein set out are in conformity with the Official Plan of the Vaughan Planning

7 Gilead Place Part Lot Control Application Final Report

14 Strachan Ave and East Liberty St - Rezoning Application - Preliminary Report

NOTICE OF DECISIONS. (Section 53 and 54 of the Planning Act)

DRAFT ZONING BY-LAW AMENDMENT 75 DUBLIN STREET NORTH ZC1612

388 King Street West and 82 Peter Street - Zoning Amendment Final Report

Guidelines for the Approval of New Homes Sales Offices (Building Permits, Agreements, Securities)

3220 Sheppard Avenue East Zoning Amendment Application Final Report

THE CORPORATION OF THE CITY OF GUELPH. WHEREAS the City of Guelph will experience growth through development and redevelopment;

CITY OF TORONTO - Zoning By-law

288A, 290 and 294 Adelaide Street West Zoning Amendment Application Final Report

Housing Issues Report Shoreline Towers Inc. Proposal 2313 & 2323 Lake Shore Boulevard West. Prepared by PMG Planning Consultants November 18, 2014

Transcription:

Authority: Ontario Municipal Board Order issued on February 16, 2016 in Board File No. PL141461 CITY OF TORONTO BY-LAW No. 383-2016(OMB) To amend City of Toronto Zoning By-law No. 569-2013, as amended, with respect to the lands municipally known as 175-191 Dundas Street East and 235 Jarvis Street. Whereas the Ontario Municipal Board pursuant to its Order dated February 16, 2016 in Board File No. PL141461, upon hearing the appeal of Dundas Residences Inc., under Section 34(11) of the Planning Act, R.S.O. c. P.13, as amended, deems it advisable to amend the Zoning By-law for the City of Toronto, being By-law No. 569-2013; The Ontario Municipal Board orders: 1. This By-law applies to the lands delineated by a heavy line on Diagram 1 attached to and forming part of this By-law. 2. Except as otherwise provided herein, the regulations of Zoning By-law No. 569-2013 continue to apply to the lands delineated by a heavy line on Diagram 1 attached to and forming part of this By-law. 3. The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law No. 569-2013, Chapter 800 Definitions. 4. Zoning By-law No. 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.10 respecting the lands outlined by heavy black line to CR 2.5 (c2.0; r1.5) SS2 (x1605) as shown on Diagram 2 attached to this By-law. 5. Zoning By-law No. 569-2013, as amended, is further amended by deleting the contents of Exception 900.11.10 (1605) and adding the following text so that it reads: Exception CR 1605 The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing Bylaws and Prevailing Sections: Site Specific Provisions: (A) If the requirements of Schedule "A" of By-law 383-2016(OMB) are complied with then (B) to (O) apply; (B) None of the provisions of Regulations 5.10.40.70 (1) and (2), 40.5.40.10 (1), (4) and (5), 40.5.40.40 (1), (2), (3) and (4), 40.10.40.1 (1), 40.10.40.10 (2), 40.10.40.40 (1), 40.10.40.50 (1), 40.10.40.60, 40.10.40.70 (2), 40.10.90.40 (3),, 200.15.1.5 (1), 200.15.10 (1), 220.5.10.1, 230.5, 230.40.1.20, will apply to prevent the construction and use of a mixed use building on the lands municipally known as 175-191 Dundas Street East and 235 Jarvis Street;

2 (C) (D) (E) (F) (G) (H) The lot is the lands outlined by heavy lines on Diagram 1 of By-law 383-2016(OMB); The gross floor area used for dwelling units must not exceed 37,200 square metres; The gross floor area used for other than dwelling units must not exceed 200 square metres; Height is measured from Canadian Geodetic Datum elevation 89.25 metres; The height of a building or structure must not exceed the height in metres permitted as indicated by the numbers following the letter "H" on Diagram 3 of By-law 383-2016(OMB); Despite (G) above, the following may exceed the height indicated by the number following the letter "H" as shown on Diagram 3 of By-law No. 383-2016(OMB): (i) Structures used for outside or open air recreation, maintenance, safety, or wind protection purposes, terraces, elements of a green roof, insulation and roof surface materials, railings, parapets, window washing equipment, ornamental or architectural features, ramps, electrical and mechanical equipment, stair enclosures, elevator overruns, chimney stacks, vents and air intakes, communications equipment, lightning rods, cornices, light fixtures, canopies and awnings, landscape features, public art features, trellises, eaves, window sills, balustrades and doors; (I) (J) (K) (L) (M) A minimum of 1,200 square metres of indoor amenity space and a minimum of 600 square metres of outdoor amenity space must be provided on the lot; Despite 800.50 (15), a guest suite unit is considered indoor amenity space; A minimum of 475 long-term bicycle parking spaces and a minimum of 53 shortterm bicycle parking spaces must be provided on the lot for residential uses and a minimum of 5 short-term bicycle parking spaces and 1 long-term bicycle parking space must be provided on the lot for commercial uses, and long term and short term bicycle parking spaces may be located in a stacked bicycle parking space or in bicycle lockers or on a rack/hook on a wall including the wall associated with a vehicle parking space; Despite 200.5.10.1 (1), a minimum of 45 parking spaces must be provided on the lot for the residents of the dwelling units of which 2 parking spaces may be used as car-share parking spaces and 1 parking space must be an accessible parking space; Despite 200.5.10.1 (1), no visitor parking spaces are required and no parking spaces are require for gross floor area used for uses other than dwelling units;

3 (N) (O) Despite Regulation 200.5.1.10(2), up to 7 parking spaces which are obstructed on one side may have minimum dimensions of 2.6 metres in width by 5.6 metres in length; A minimum of one type G loading space and one type C loading space must be provided and maintained on the lot; Prevailing By-laws and Prevailing Sections: (None Apply) 6. Section 37 Provisions (A) (B) (C) Pursuant to Section 37 of the Planning Act, and subject to compliance with this By-law, the increase in height and density of the development is permitted beyond that otherwise permitted on the lands shown on Diagram 2 in return for the provision by the owner, at the owner's expense, as a mechanism to support development, of the facilities, services and matters set out in Appendix 1 hereof which are secured by one or more agreements pursuant to Section 37(3) of the Planning Act that are in a form and registered on title to the lands, to the satisfaction of the City Solicitor. Where Schedule 'A' of this By-law requires the owner to provide certain facilities, services or matters prior to the issuance of a building permit, the issuance of such permit shall be dependent on satisfaction of the same. The owner shall not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to this By-law unless all provisions of Schedule 'A' are satisfied. PURSUANT TO ORDER OF THE ONTARIO MUNICIPAL BOARD ISSUED ON FEBRUARY 16, 2016 IN BOARD CASE NO. PL141461.

4

5

6

7 SCHEDULE 'A' Section 37 Provisions The facilities, services and matters set out below are required to be provided to the City at the owner's expense and secured in an agreement or agreements under Section 37(3) of the Planning Act whereby the owner agrees as follows: 1. The Owner shall implement a tenant relocation and assistance plan satisfactory to the City's Chief Planner as generally outlined below and as more particularly outlined in the Section 37 Agreement: a) The Owner shall provide all eligible tenants living within dwelling rooms at 235 Jarvis Street: (i) (ii) with a minimum 5 months' prior notice to vacate; and with a relocation moving allowance equal to 5 months' rent (inclusive of the 3 months' rent required by the Residential Tenancies Act); b) The Owner shall provide all eligible tenants living within dwelling units at 175-191 Dundas Street East: (i) (ii) with a minimum 5 months' prior notice to vacate; with relocation assistance equal to the 3 months' rent required by the Residential Tenancies Act; and (iii) with a moving allowance of $1500.00; c) the Owner shall provide funding in the amount of $35,000.00 to a City-approved community agency to deliver the necessary housing access support services associated with relocation and moving to such relocated eligible tenants; d) the Owner shall provide funding of up to $125,000.00 to a City-approved community agency for its staff to deliver the necessary housing follow-up services to assist each relocated eligible tenant at 235 Jarvis for a 12 month period; e) the Owner shall provide funding in the amount of $225,000.00 to the City to establish a Rooming Housing Relocation and Housing Allowance Fund, to assist with rent payments for relocated eligible tenants of dwelling rooms at 235 Jarvis; and f) the use of the funding provided by the Owner pursuant to paragraphs 1(c), 1(d) and 1(e) above shall be directed by the City's Shelter Support and Housing Office. 2. The Owner shall use all reasonable efforts to secure and convey to the City a mutually acceptable property at nominal consideration and inclusive of all closing costs, including but not limited to, transfer tax, registration fees, and the costs of obtaining a building

8 condition assessment, Phase 1 environmental study and cost estimate, satisfactory to the City's Chief Planner and Executive Director, City Planning in consultation with the Director, Affordable Housing Office, for any needed renovations or major repairs to bring the building up to industry standards for the purpose of providing a residential property to be operated by a non-profit housing provider to be selected by the City. Provisions will be agreed upon for maintaining the tenancies of any existing tenants and the Owner will provide the rent roll for the building, satisfactory to the City. The Owner shall provide an up-to-date survey of the property, satisfactory to the City, the property shall be legally zoned for multi-residential use at the time of closing, and the property shall be free and clear of encumbrances, to the satisfaction of the City Solicitor. Furthermore, the Owner shall provide the City or the non-profit housing provider selected by the City with a cash contribution equal to 2 years of estimated operating expenses to support the operations of the property following conveyance by the owner on mutually agreeable terms. The City and Owner will agree to work in good faith to finalize all such arrangements and any resulting agreements, including the Agreement of Purchase and Sale, will be in a form and with content satisfactory to the City Solicitor in consultation with the Director, Affordable Housing Office and the Chief Planner and Executive Director, City Planning. 3. In the event that the City and Owner are unable to finalize the conveyance of a property as outlined in paragraph 2 above prior to the issuance of the first above-grade permit for the mixed use building, the Owner shall pay to the City a financial contribution in the amount of $4,250,000 (less any amounts paid by the Owner pursuant to the tenant relocation provisions outlined in paragraph 1 above prior to the issuance of the first above-grade building permit to be used by the City for one or more of the following: (i) (ii) (iii) Creation of new affordable housing; Creation of new community space; and Capital improvements for existing City-owned facilities in the immediate area. 4. The cash amount identified in paragraph 3 above shall be indexed upwardly in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by Statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of submission of funds by the Owner to the City.