November 25, 1998
To:Toronto Community Council
From:H.W.O. Doyle
Subject:9 - 17 Christie Street and 388 - 402 Clinton Street
Purpose:This report is to be received for information.
Funding Sources, Financial Implications and Impact Statement:
There are no financial implications.
Recommendations:
Council Reference/Background/History:
At its meeting held on October 1 and 2, 1998, Toronto City Council amended and adopted the
September 29, 1998 report by the Commissioner of Urban Planning and Development
Services ("the Commissioner") entitled "Settlement Report - Official Plan and Zoning By-law
Amendments - 9-17 Christie Street and 388-402 Clinton Street (Midtown)". In so doing,
Council instructed the City Solicitor and the Commissioner to attend at the Ontario Municipal
Board ("the Board") Hearing into the matter and to submit to the Board draft by-laws
amending the Official Plan ("the O.P.") and Zoning By-law 438-86 ("the by-law") of the
former City of Toronto, to implement the terms of a settlement between the City and the
applicant, M. Gross Abattoir Ltd..
Comments and/or Discussion and/or Justification:
The parcel on Christie Street currently contains low density residential buildings adjacent to
the Christie subway station, fronting Christie Pitts Park. The second parcel, on Clinton Street,
contains low density residential buildings dominated by an active operational abattoir. The
abattoir use is a non-conforming use under the by-law, and under the OP the City has
encouraged the redevelopment of this site to a residential use.
The applicant had originally appealed to the Board to, in part, approve amendments to the
by-law and the OP to permit the construction of a six storey apartment building on the
Christie site and to permit the construction of 15 row houses on the Clinton site. Prior to the
Board hearing, the applicant and the City agreed on the settlement, referred to above, which
entailed a seven storey, sixty-two unit apartment building (stepped back at the sixth and
seventh storeys) on the Christie lands and eight row houses with basement apartment units on
the Clinton site.
At the Board hearing, both the applicant and the City presented evidence before the Board that
the redevelopment would result in a built form compatible with other uses in the area and that
the proposal met the objectives of the OP in terms of relocation of the abattoir and residential
intensification on the Christie site. Evidence was also led that the public consultation process
had exceeded the normal requirements.
Several area residents appeared in opposition to the proposal. While those residents, for the
most part, endorsed the plans for the Clinton site, they requested that the apartment building
on Christie be no more than five storeys.
In its decision, issued on October 28, 1998, the Board approved the proposal, subject to some
fine tuning of the by-laws, holding, "the development will make efficient use of land and
public infrastructure, will be functional and will integrate within the existing community's
built form and uses". The Board also noted that the residents, despite their opposition, had
attained a win/win situation, as the development had been significantly scaled down as a result
of public consultation. The appeal of the site plan is to be held in abeyance pending final
discussions between the owner, the City and area residents.
In adopting the Commissioner's September 29, 1998 report, Council also required that, as a
condition of approval, the applicant enter into a Section 37 Agreement with the City, which
would result in the termination of the abattoir use prior to site plan approvals on either the
Christie or Clinton sites. On this point the Board ruled that it would not withhold its Order
pending the execution of such an Agreement, stating, "The City has adequate control over the
development in the controls incorporated in the draft amendment and the site plan process".
Conclusions:
The Board approved the subject application as agreed upon between the City and M. Gross
Abattoir Ltd. on the basis that the proposal represents good and appropriate planning and that
this development will be of benefit to the area.
My staff, in conjunction with Urban Planning and Development Services is currently in the
process of drafting the Section 37 Agreement and finalizing the draft by-laws for approval by
the Board.
Contact Name:Marc Kemerer
Telephone:(416) 392-1228
Fax:(416) 392-0024
E-mail:mkemerer@city.toronto.on.ca
H.W.O. Doyle
City Solicitor
Legal Services
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