Item - 2012.MM28.27

Tracking Status

  • City Council adopted this item on November 27, 2012 without amendments.

MM28.27 - Proposed Settlement of the Ontario Municipal Board Appeal - 770 Lawrence Avenue West and 3083-3095 and 3101 Dufferin Street - by Councillor Josh Colle, seconded by Councillor Ana Bail„o

Decision Type:
ACTION
Status:
Adopted
Ward:
15 - Eglinton-Lawrence

City Council Decision

City Council on November 27, 28 and 29, 2012, adopted the following:

 

1.         City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 28, 2012) from the City Solicitor.

 

2.         City Council authorize the public release of the Confidential Recommendations together with Attachments 1 through 8 in Confidential Attachment 1 to the report (November 28, 2012) from the City Solicitor and the balance of the attachment remain confidential.

 

The following confidential instructions in Confidential Attachment 1 to the report (November 28, 2012) from the City Solicitor were adopted by City Council and are now public:

 

1.         City Council accept the Settlement Offer dated November 26, 2012 made by the applicant for 770 Lawrence Avenue West and 3083-3095 Dufferin Street, subject to  the further revisions and recommendations contained in Attachment 1: Confidential Information to the Report of the City Solicitor dated November 28, 2012.

 

2.         City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Municipal Board in support of the terms of settlement as agreed between the applicant and the City.

 

3.         The Draft Plan of Subdivision be revised to the satisfaction of the Chief Planner subject to the Conditions of Draft Plan of Subdivision Approval as well as any additional or modified conditions the Chief Planner may deem appropriate to address matters arising from the on-going technical review of the development, including the following:

 

a.         revise the Park Block 4 to include Block 3 in the northeast; and

 

b.         exclude a triangular shaped piece of property of approximately 125m2 size located in the southeast corner of the existing Block 4 and incorporate it into Block 2.

 

4.         The Section 37 Agreement registered on title as Instrument No. AT2849462 be revised subject to any additional or modified conditions the Chief Planner and Executive Director, City Planning may deem to be appropriate to address matters arising from the on-going technical review of the development including:

 

a.         a Site Plan showing the layout of the Shoppers Drug Mart site, including landscape details, elevation drawings, architectural treatments, street edge details and lighting details, to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

b.         a Loading Area Detail Plan showing the layout of the Shoppers Drug mart site Loading Area to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

c.         the inclusion of any conditions deemed appropriate for the Shoppers Drug Mart site to the satisfaction of the Chief Planner and Executive Director, City Planning; and

 

d.         removal of the requirement for TTC Metropasses as required by Section 4.1 of the Section 37 Agreement.

 

5.         Zoning By-law 617-2012 (OMB) be revised to permit the Shoppers Drug Mart to remain on Block 2 without a time limit in the form of a 1,600m2 retail store with a maximum of 45 parking spaces, delete the requirement for TTC Metropasses in By-law 617-2012 (OMB) and rezone the former townhouse site (Block 3) to "O1".  The Zoning By-law is to be revised to include any additional requirements the Chief Planner and Executive Director, City Planning may deem appropriate to address matters arising from the on-going technical review of the development.

 

6.         The Conceptual Site Plan for the Shoppers Drug Mart site (see Attachment 6) be approved in principle and be subject to revision and additional conditions as the Chief Planner and Executive Director, City Planning may deem appropriate to address matters arising from continuing discussions and the on-going review of the development including:

 

a.         the submission of sufficient information to address the City's Wet Weather Flow Management Guidelines to the satisfaction of the Director, Technical Services, North York District; and

 

b.         the submission of appropriate plans and details including landscape details, elevation drawings, architectural treatments, street edge details and a lighting plan/details to the satisfaction of the Chief Planner and Executive Director, City Planning.

 

7.         The Loading Area Detail Plan for the Shoppers Drug Mart site, prepared by BA Group and dated November 21, 2012 (see Attachment 7) be approved in principle and be subject to revision and additional conditions as the Chief Planner and Executive Director, City Planning may deem appropriate to address matters arising from continued discussion and the on-going technical review of the development.

 

8.         The interim accessing and servicing arrangements for the Shoppers Drug Mart site on Block 2 prior to the construction and completion of public street 'A' is to be demonstrated and resolved in a manner satisfactory to the Director, Technical Services in consultation with the Chief Planner and Executive Director, City Planning.

 

9.         The Ontario Municipal Board be requested to withhold its Order approving the application pending revision to the existing Section 37 Agreement registered on title as Instrument No. AT2849462 to include the requirements as set out in Section 5.

 

Confidential Attachments 1 through 8 to Confidential Attachment 1 to the report (November 28, 2012) from the City Solicitor are now public and can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 to the report (November 28, 2012) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006 as it pertains to litigation or potential litigation that affects the City or one of its agencies, boards and commissions and contains advice that is subject to solicitor-client privilege.

Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; receiving advice or communications that are subject to solicitor-client privilege

Background Information (City Council)

Member Motion MM28.27
https://www.toronto.ca/legdocs/mmis/2012/mm/bgrd/backgroundfile-52569.pdf
(November 28, 2012) Report from the City Solicitor on Request for directions regarding the January 8, 2013, OMB hearing re 770 Lawrence Avenue West and 3083-3095 and 3101 Dufferin Street - Zoning appeal
https://www.toronto.ca/legdocs/mmis/2012/mm/bgrd/backgroundfile-52568.pdf
Confidential Attachment 1
Confidential Attachments 1 through 8 to Confidential Attachment 1 - made public on December 6, 2012
https://www.toronto.ca/legdocs/mmis/2012/mm/bgrd/backgroundfile-52718.pdf

Communications (City Council)

(November 28, 2012) Letter from Sonal Modi, Fine and Deo, Barristers and Solicitors - which remains confidential as it pertains to litigation before the Ontario Municipal Board (MM.New.MM28.27.1)

Motions (City Council)

Motion to Introduce Motion without Notice moved by Councillor Josh Colle (Carried)

That Councillor Colle be permitted to add to the agenda of today's meeting an urgent Motion without notice concerning:

 

  • Proposed Settlement of the Ontario Municipal Board Appeal - 770 Lawrence Avenue West and 3083-3095 and 3101 Dufferin Street

 

Reason for Urgency:

 

This Motion is urgent because the Ontario Municipal Board hearing is set for January 8, 2013.

Vote (Introduce Motion without Notice) Nov-27-2012

Result: Carried Two-Thirds full Council Required - Colle - Add Urgent Motion
Total members that voted Yes: 36 Members that voted Yes are Ana Bail„o, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 9 Members that were absent are Paul Ainslie, Maria Augimeri, Shelley Carroll, Rob Ford, Mike Layton, Giorgio Mammoliti, Ron Moeser, James Pasternak, David Shiner

Motion to Adopt Item (Carried)

Vote (Adopt Item) Nov-28-2012 8:15 PM

Result: Carried Majority Required - MM28.27 - Adopt the item
Total members that voted Yes: 39 Members that voted Yes are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 6 Members that were absent are Paul Ainslie, John Filion, Giorgio Mammoliti, Ron Moeser, David Shiner, Michael Thompson

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor David Shiner - as his family owns property in the vicinity.
Source: Toronto City Clerk at www.toronto.ca/council