Item - 2012.TE20.20

Tracking Status

  • City Council adopted this item on November 27, 2012 with amendments.
  • This item was considered by Toronto and East York Community Council on November 6, 2012. It is being forwarded to City Council without recommendations. It will be considered by City Council on November 27, 2012.

TE20.20 - Request for Direction Report - 2400 Bathurst Street - Official Plan and Zoning Amendment Applications

Decision Type:
ACTION
Status:
Amended
Ward:
21 - St. Paul's

City Council Decision

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

 

1.         City Council adopt the Confidential Recommendations in Attachment 1 to the report (November 28, 2012) from the City Solicitor and authorize the public release of the Confidential Recommendations and Confidential Appendix 1, together with all its confidential attachments with the balance of Confidential Attachment 1 to the report (November 28, 2012) from the City Solicitor to remain confidential.

 

The following confidential recommendations were adopted by City Council and are now public:

 

1.                     City Council authorize the City Solicitor to accept the owner's settlement offer as set out in Appendix “1” to the report (November 28, 2012) from the City Solicitor.

 

2.                  City Council authorize the City Solicitor to advise the Ontario Municipal Board that the City supports the approval of the proposal, as modified, in accordance with the owner's settlement offer.

 

Confidential Appendix 1 to the report (November 28, 2012) from the City Solicitor together with all its attachments is 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 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 or communications that are subject to solicitor-client privilege.

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

Background Information (Community Council)

(October 16, 2012) Report from the Director, Community Planning, Toronto and East York District - 2400 Bathurst Street - Official Plan and Zoning Amendment Applications - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2012/te/bgrd/backgroundfile-51317.pdf

Background Information (City Council)

(November 28, 2012) Supplementary report from the City Solicitor on 2400 Bathurst Street - Zoning and Official Plan Amendment Appeal, Request for Directions (TE20.20a)
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-52659.pdf
Confidential Attachment 1
Confidential Appendix 1 together with all the attachments - made public on December 6, 2012
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-52716.pdf

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor Joe Mihevc (Carried)

That City Council adopt the following recommendations contained in the report (November 28, 2012) from the City Solicitor [TE20.20a]:

 

  1.   Council adopt the confidential Recommendations to staff in Attachment 1 and authorize the public release of those Recommendations and Appendix 1, together with all attachments, if adopted by Council.  The balance of confidential attachment 1 remain confidential.

Vote (Adopt Item as Amended) Nov-28-2012 7:56 PM

Result: Carried Majority Required - TE20.20 - Mihevc - motion 1
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, 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, David Shiner, 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, Janet Davis, John Filion, Giorgio Mammoliti, Ron Moeser, Michael Thompson

TE20.20 - Request for Direction Report - 2400 Bathurst Street - Official Plan and Zoning Amendment Applications

Decision Type:
ACTION
Status:
Without Recs
Ward:
21 - St. Paul's

Community Council Recommendations

The Toronto and East York Community Council submits the item to Council without recommendation.

Decision Advice and Other Information

The Toronto and East York Community Council requested the City Solicitor, in consultation with the Director, Community Planning, Toronto and East York District, to continue discussions with the applicant with respect to 2400 Bathurst Street - Official Plan and Zoning Amendment Applications, and report directly to City Council for its meeting on November 27 and 28, 2012.

Origin

(October 16, 2012) Report from the Director, Community Planning, Toronto and East York District

Summary

These applications propose to demolish an existing 5-storey rental building with 31 rental units, and construct a new 16-storey residential building with 165 units (28 rental and 137 condominium units), and 4 levels of below-grade parking with 202 parking spaces, at 2400 Bathurst Street.  A Rental Housing Demolition and Conversion application, under Section 111 of the City of Toronto Act, was also submitted.

 

This proposal represents an overdevelopment of the site.  The proposed building does not provide adequate transition to the low-rise neighbourhood to the west.  The proposal's height significantly exceeds the zoning by-law permissions and its scale and massing are not compatible with and do not achieve an adequate transitional relationship with the surrounding built form context and creates shadow impact and overlook issues.  The proposed height is also out of character with the existing context along Bathurst Street.  Also, staff require that all existing 31 rental units are replaced within the proposal.

 

The approval of the proposed project would set a negative precedent for future development that undermines the policies of the Official Plan.

 

The Zoning and Official Plan Amendment applications were appealed to the Ontario Municipal Board on July 16, 2012. A pre-hearing date has been set for January 7, 2013.

 

The purpose of this report is to seek City Council’s direction for the City Solicitor to oppose the proposal in its current form at the OMB and to advise the OMB of Council’s position regarding the appropriate form of development on the site.

Background Information

(October 16, 2012) Report from the Director, Community Planning, Toronto and East York District - 2400 Bathurst Street - Official Plan and Zoning Amendment Applications - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2012/te/bgrd/backgroundfile-51317.pdf

Speakers

Carmit Finer
David Bronskill, Goodmans LLP

Motions

1 - Motion to forward item Without Recommendations moved by Councillor Joe Mihevc (Carried)

That the Toronto and East York Community Council:

 

1.         Submit the item to Council without recommendation.

 

2.         Request the City Solicitor, in consultation with the Director, Community Planning, Toronto and East York District, to continue discussions with the applicant with respect to 2400 Bathurst Street - Official Plan and Zoning Amendment Applications, and report directly to City Council for its meeting on November 27 and 28, 2012. 

Source: Toronto City Clerk at www.toronto.ca/council