| 134410 | REPORT | N | N | MAIN | ACTION | ADOPTED | — | N | — | 417-419 Burnhamthorpe Road - Zoning By-law Amendment and Site Plan Control Applications - Appeal Report | 2024.EY13.3 | — | Y | Y | Y | Y | <p>The Director, Community Planning, Etobicoke York District recommends that:</p>
<p> </p>
<p>1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal to oppose the Zoning By-law Amendment application, in its current and revised forms, for 417-419 Burnhamthorpe Road, and to continue discussions with the applicant to resolve outstanding issues.</p>
<p> </p>
<p>2. If the Ontario Land Tribunal allows the appeals, in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order be withheld until such time as the City Solicitor advises that:</p>
<p> </p>
<p style="padding-left: 30px;">a. The form and content of the Zoning By-law Amendment are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">b. The owner has addressed all outstanding issues identified within the Engineering and Construction Services correspondences dated October 18, 2023 and March 25, 2024, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">c. The owner has provided a revised Hydrological Review Summary Form and a revised Servicing Report Groundwater Summary Form to determine the quality and quantity of groundwater that may be required to be discharged to the City sewage works as a result to of a proposed development and comply with foundation drainage policy and guidelines to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">d. The owner has submitted a revised Functional Servicing and Stormwater Management Report, prepared to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such reports shall determine the stormwater run-off, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">e. The owner has made satisfactory arrangements with Engineering and Construction Services and has entered into the appropriate agreements with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the proposed development, according to the accepted Functional Servicing and Stormwater Management Report and Traffic Impact Study to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">f. The owner has addressed all outstanding Transportation Services issues identified within the Engineering and Construction Services correspondences, dated February 7, 2023 and March 25, 2024, and has satisfactorily addressed all matters raised, including the provision of detailed Vehicle Maneuvering Diagrams, to the satisfaction of the General Manager, Transportation Services;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">g. Parking spaces shall be provided in accordance with section 200.5.10 rates for 'All Other Areas of the City' as noted in Zoning By-law 569-2013 as amended by By-law 89-2022, as noted in the Engineering and Construction Services correspondence, dated March 25, 2024, to the satisfaction of the General Manager, Transportation Services;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">h. Parking spaces shall comply with all dimensional requirements noted in section 200.5.1.10 of Zoning By-law 569-2013 as noted in the Engineering and Construction Services correspondence, dated March 25, 2024, to the satisfaction of the General Manager, Transportation Services;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">i. Accessible parking spaces shall be provided in accordance with the supply and dimensional requirements noted in section 200.15 of Zoning By-law 569-2013 as amended by By-law 579-2017 as noted in the Engineering and Construction Services correspondence, dated March 25, 2024, to the satisfaction of the General Manager, Transportation Services;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">j. The owner has satisfactorily addressed matters from Urban Forestry, Tree Protection and Plan Review, in response to future submissions filed by the owner, and provided required materials, including a revised Arborist Report, Tree Inventory and Protection Plan, Landscape Concept Plan, Soil Volume Plan and Sections, Landscape Details, Toronto Green Standard Checklist and Statistics Templates and Grading Plan, all to the satisfaction of the General Manager, Parks, Forestry and Recreation; and</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">k. The owner has revised the proposal to meet the Toronto Green Standard requirements to the satisfaction of the Chief Planner and Executive Director, City Planning.</p>
<p> </p>
<p>3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing and Stormwater Management Report and/or the Transportation Impact Study, City Council direct the City Solicitor and appropriate City staff to request that a Holding Provision be included in the final form of the site-specific Zoning By-law Amendment and the Holding Provision not to be lifted until such a time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Transportation Services.</p>
<p> </p>
<p>4. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.</p> | <p>The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.</p> | <p>On June 15, 2022, a Zoning By-law Amendment application was submitted to permit the development of a four-storey townhouse building containing 10 residential units with a total gross floor area of approximately 2,093 square metres. The proposed development has a building height of 12.4 metres and a density of 1.1 times the area of the lot.</p>
<p> </p>
<p>On January 31, 2024, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal (OLT) citing City Council's failure to make a decision on the application within the prescribed time-frame set out in the Planning Act. An associated Site Plan Control application was also appealed alongside the Zoning By-law Amendment application. A Case Management Conference has been scheduled for June 10, 2024.</p>
<p> </p>
<p>On March 4, 2024, the applicant provided a partial set of drawings for a revised proposal to permit 18 back-to-back townhouse units with 41 vehicular parking spaces. The revised proposal has a height of 12 metres, a total gross floor area of approximately 2,978 square metres, and a density that is 1.5 times the area of the lot. This report reviews the original proposal in detail, and provides comments on why the initial application and revised plans, in their current forms, are not supportable.</p>
<p> </p>
<p>This report recommends that Council direct the City Solicitor, together with appropriate City staff, to attend the OLT hearing to oppose the initial and revised proposals in their current forms and to continue discussions with the applicant to resolve outstanding issues.</p> | 13 | 3 | CCOUNCIL | EY | 2 - Etobicoke Centre | N | 1716350400000 | … | Report | ACTION | Adopted | Main | — | — | Community Council | … | … | … | … | … | … | … | … | … | … | … | … | … | … | … | Decision information not found | false | Adopted | — | — | — | — | — | — | — |