Toronto City Hall

100 Queen Street West

Toronto, Ontario

Canada M5H 2N2

www.toronto.ca

Tel: 416-392-0881

Fax: 416-392-1330

File No. 198003

Urban Planning and Development Services

February 11, 1999

To:Toronto Community Council

From:Commissioner of Urban Planning and Development Services,

(Clause 54, Report No. 12 of Toronto Community Council)

Subject:Status Report: 9 Jackes Avenue - Revised Application No. 198003 for Official Plan and Zoning By-law Amendments and Site Plan Approval to permit an apartment building (Midtown)

Purpose:

To recommend City staff continue to work with the applicant and neighbourhood representatives with a view to arriving at an appropriate development proposal.

Source of Funds:

Not applicable

Recommendations:

It is recommended that:

1.City Council request the Commissioner of Urban Planning and Development Services to continue discussions with the applicant and neighbourhood representatives with a view to arriving at an appropriate development proposal.

2.The Commissioner of Urban Planning and Development Services be directed to report to the March 2, 1999 City Council on the outcome of discussions with the applicant and neighbourhood representatives and on the terms of a settlement, if any.

Comments:

1.0Background

At its meeting of October 28, 29 and 30, 1998, Toronto City Council adopted the recommendations contained in my Final Report on the Official Plan and Zoning By-law Amendment Application for 9 Jackes Avenue. In doing so, Council refused the application and requested the City Solicitor and the Commissioner of Planning and Development Services to oppose the appeal and referral to the Ontario Municipal Board. Council also instructed the Commissioner of Urban Planning and Development Services to continue discussions with the applicant and neighbourhood representatives with a view to arriving at an appropriate development proposal and to report back to Toronto Community Council with the outcome of the discussions.

2.0OMB Appeal/ Referral

As indicated in my October 26, 1998 report, the applicant has appealed both the Official Plan Amendment and Rezoning applications to the Ontario Municipal Board.

A pre-hearing was held on November 25, 1998 which, among other matters, identified the participants, issues to be considered and the starting date for a hearing. A second pre-hearing has been scheduled for March 29, 1999 to finalize the issues list. The hearing is to begin May 10, 1999 and has been scheduled 18 days.

3.0Revised Plans

The applicant submitted revised plans on November 16, 1998. The revised proposal is for the construction of a 12 storey (38.5 metres) residential building containing 38 dwelling units. The proposed gross floor area for the building would be 4,355 square metres which represents a density 3.42 times the area of the lot. Parking for 43 cars (38 resident and 5 visitor spaces) would be provided in two levels of underground parking. Vehicle access would be via a driveway from Jackes Avenue.

Even though the applicant has made some positive improvements to the proposed development such as increasing the side yard setbacks; increasing the front yard setback; and reducing the density, the proposal continues to have negative impacts in regards to sun/shade, views and overlook. Therefore, I cannot support the revised proposal in its current form.

4.0Discussions on Alternative Development Concepts

As requested by City Council discussions have continued with the applicant and neighbourhood representatives. The group has met four times to discuss alternative development concepts and to explore the opportunity for settlement. At these meetings various development concepts were discussed, including a townhouse scenario and modified tower proposal. The meetings so far have been productive and have given both sides the opportunity put forward their issues and concerns. At this time no final resolution has been reached, however, the applicant has been encouraged by area residents to continue to detail the modified tower proposal. Planning staff would be able to support, in principle, either the townhouse or modified tower proposals. I am recommending that discussions continue and that I report directly to the March 2, 1999 City Council meeting on the outcome of these meetings.

Conclusion:

The revised proposal is not acceptable in its current form. As the discussions with the applicant and the neighbourhood representatives are continuing and have a positive tone, I am recommending that these discussions continue. However, given the timing of the second pre-hearing date set by the OMB, I am recommending that I report directly to the March 2, 1999 City Council meeting on the outcome of these discussions, including any possible settlement and on the possible use of Section 37 of the Planning Act.

Contact Name:Gregory Byrne

E-mail: gbyrne@toronto.ca

Beate Bowron

Director, Community Planning, South District

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