40 Moccasin Trail/50 Green Belt

40 Moccasin Trail/50 Green Belt

March 31, 2017

City Council consideration on March 28, 2017
CC27.4 / ACTION / Ward:34
40 Moccasin Trail and 50 Green Belt Drive – Request for Direction on Ontario Municipal Board Hearing
Communication 27.4.1 has been submitted on this Item

Origin

(March 21, 2017) Report from the City Solicitor

Recommendations

The City Solicitor recommends that:

1. City Council instruct the City Solicitor and any appropriate staff to attend the Ontario Municipal Board Hearing for the Official Plan Amendment and Zoning By-law Amendment appeals for 40 Moccasin Trail and 50 Green Belt Drive, in support of the appeals as revised in accordance with the revised proposal filed with City Planning on February 3 and March 8, 2017, subject to the following conditions being addressed all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:

a) The Board Order for the official plan amendment and zoning by-law amendment appeals is to be withheld pending the following:

i. confirmation from the City Solicitor that the final form and content of the Official Plan Amendment and Zoning By-law Amendments, are satisfactory to the City Solicitor, the Chief Planner and Executive Director, City Planning and the Executive Director of Engineering and Construction Services and that they, amongst other matters, provide for the securing of the rental housing matters, including amongst other appropriate matters, rental housing replacement, securing of rents and tenant assistance;

ii. confirmation from the City Solicitor that the Owner has at its expense,

A. provided a Functional Servicing Report, Stormwater Management Report and Hydrogeological Report satisfactory to the Executive Director, Engineering and Construction Services and the General Manager of Transportation Services; and

B. designed and provided financial securities for, any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Stormwater Management Report, and Hydrogeological Report to support the development, all to the satisfaction of the Executive Director of Engineering and Construction Services and the General Manager of Transportation Services, should it be determined that improvements or upgrades are required to support the development, according to the Functional Servicing Report, Stormwater Management Report, and Hydrogeological Study, accepted by the Executive Director of Engineering and Construction Services and the General Manager of Transportation Services;.

iii. the by-laws and the section 37 Agreement shall require the owner at no cost to the City to design, financially secure, construct and make operational, any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Stormwater Management Report, and Hydrogeological Report to support the development, all to the satisfaction of the Executive Director of Engineering and Construction Services and the General Manager of Transportation Services and the City Solicitor;

iv. the by-laws and the section 37 Agreement shall require that prior to the issuance of the earlier of any site plan approval or the issuance of any below grade permit for the site, the owner shall construct, complete and make operational any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Stormwater Management Report, and Hydrogeological Report to support the development, all to the satisfaction of the Executive Director of Engineering and Construction Services, the General Manager of Transportation Services and the City Solicitor;

v. confirmation from the City Solicitor that the implementation of the Functional Servicing Report, Stormwater Management Report and Hydrogeological Report accepted by the Executive Director of Engineering and Construction Services and the General Manager of Transportation Services either does not require changes to the proposed amending by-laws or any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Executive Director of Engineering and Construction Services;

vi. confirmation from the City Solicitor that the owner has entered into an Agreement with the City pursuant to section 37 of the Planning Act, that is satisfactory to the Chief Planner and Executive Director, City Planning, the Executive Director of Engineering and Construction Services and the City Solicitor and that such Agreement has been registered to the satisfaction of the City Solicitor, such Agreement (and zoning by-law amendment) to include amongst other matters at the owners expense, the securing of the rental housing replacement, rents and tenant assistance, that the owner shall pay to the City prior to the first above grade building permit issuing for the site the sum of $300,000.00, indexed from the date of the Board Decision issuing in accordance with City practice, such funds to be used by the City for capital improvements to Moccasin Trail Park in the vicinity of the site and the existing entrance to the park, and to be secured in the zoning by-law amendment and other matters referred to in the Recommendations and this report;

vii. confirmation from the City Solicitor that the City Council has made a decision on the application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act to demolish the 83 existing residential rental dwelling units at 40 Moccasin Trail and 50-60 Green Belt Drive (file no. 13 173075 NNY 34 RH);

viii. confirmation from the City Solicitor that the conditions of the Toronto and Region Conservation Authority (TRCA) have been appropriately incorporated in the Zoning By-law Amendment in such other instruments, and secured in an appropriate agreement, to the satisfaction of the TRCA.

2. City Council defer making a decision on the application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act to demolish the 83 existing residential rental dwelling units at 40 Moccasin Trail and 50-60 Green Belt Drive (file no. 13 173075 NNY 34 RH), until such time as the Ontario Municipal Board issues a decision in principle on the Official Plan and Zoning By-law amendment appeals and a report on the Residential Rental Demolition and Conversion Application comes before North York Community Council for a decision by City Council.

Summary

The purpose of this report is to request further direction from City Council on the pending Ontario Municipal Board (OMB) hearing on the application for an Official Plan Amendment and Zoning By-law amendment at 40 Moccasin Trail and 50 Greenbelt Drive. A hearing has been scheduled for 10 days for the weeks of May 15 to the 19th, and 27th to the 31st

At its meeting of July12, 2016, City Council directed the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Ontario Municipal Board hearing to oppose the Official Plan Amendment and Zoning By-law Amendment applications respecting application 13 173059 NNY 34 OZ for 40 Moccasin Trial and 50 Green Belt Drive in their current form.

Planning staff continued discussions with the applicant and on February 3, 2017 and March 8, 2017 City Planning received revised drawings and a revised Functional Servicing Report for buildings of 8 and 4 storeys with a total of 294 units (194 condominium units and 67 rental replacement units and 33 market rental units) with a density of 2.65 and 2.1 times the lot area on the east and west blocks respectively.

A Rental Housing Demolition and Conversion Application (File no. 13 173075 NNY 34 RH), was submitted under Section 111 of the City of Toronto Act to demolish 83 rental housing units at 40 Moccasin Trail and 50-60 Greenbelt Drive pursuant to Chapter 667 of the Toronto Municipal Code and was reviewed concurrently with the Official Plan and Zoning By-law amendment applications. The City’s decision on the Rental Demolition application is not subject to an appeal to the OMB.

Instructions are required for the upcoming OMB hearing on an urgent basis due to the timing of the hearing and the requirement for the exchange of witness statements and other matters in advance of the hearing.

Background Information

(March 21, 2017) Report from the City Solicitor on 40 Moccasin Trail and 50 Green Belt Drive – Request for Direction on Ontario Municipal Board Hearing (CC27.4)

Communications

(March 12, 2017) E-mail from Pat and Joe Catalano, submitted by Deputy Mayor Minnan Wong (CC.New.CC27.4.1)

 


Feb 2, 2016

Official Plan Amendment, Zoning By-law Amendment and Rental Housing Demolition Applications – Request for Direction Report

Click to view full PDF: 50 Green Belt

(Click photos to enlarge)

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