Item - 2013.MM45.28

Tracking Status

  • City Council adopted this item on December 16, 2013 without amendments.

MM45.28 - 95 and 99 Broadway and 197 Redpath Avenue - Zoning Appeal - by Councillor Josh Matlow, seconded by Councillor Jaye Robinson

Decision Type:
ACTION
Status:
Adopted
Ward:
22 - St. Paul's

City Council Decision

City Council on December 16, 17 and 18, 2013, adopted the following:

 

1.         City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (December 16, 2013) from the City Solicitor.

 

2.         City Council direct that the confidential recommendations contained in Confidential Attachment 1 to the report (December 16, 2013) from the City Solicitor be made public and that all other information contained in the Confidential Attachment 1 to the report (December 16, 2013) from the City Solicitor remain confidential, including Appendices 1 and 2.

 

The confidential recommendations contained in Confidential Attachment 1 to the report (December 16, 2013) from the City Solicitor were adopted by City Council and are now public:

 

1.                  City Council continue to direct the City Solicitor to request that the Ontario Municipal Board refuse the proposal at 95 and 99 Broadway Avenue and 197 Redpath Avenue for the reasons set out in Item TE26.18 adopted by City Council on October 8, 9, 10 and 11, 2013.

 

2.                  City Council authorize the City Solicitor to enter into a settlement with the applicant in the event a revised proposal is submitted that includes the following:

 

a.                  one tower that complies with the relevant Tall Buildings Design Guidelines development criteria, including a maximum floorplate size of 750 square metres;

 

b.                  a maximum height of 29 storeys, inclusive of a podium which is no higher than 5 storeys;

 

c.                  full replacement of the existing 32 rental dwelling units and a Tenant Relocation and Assistance Plan, including the right of tenants to return to the new rental units in accordance with the Official Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

d.                  City Council continue to direct the City Solicitor request that the Board withhold any order to approve a Zoning By-law for the subject lands until such time as the City and the owner have presented a draft by-law to the Board that provides for securing the rental housing matters as outlined in Recommendation 2 of the report (August 16, 2013) from the Director, Community Planning, Toronto and East York District, and a Section 37 Agreement incorporating these matters has been executed;

 

e.                  secure services, facilities or matters pursuant to Section 37 of the Planning Act, as may be required by the Chief Planner; and

 

f.                  is otherwise satisfactory to the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor.

 

The balance of Confidential Attachment 1, including Appendices 1 and 2, to the report (December 16, 2013) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that pertains to litigation or potential litigation that affects the City or one of its agencies, boards and commissioner and contains advice or communications that are subject to solicitor-client privilege.

Confidential Attachment - Litigation or potential litigation that affects the City or one of its agencies, boards and commissions and this report contains advice or communications that are subject to solicitor-client privilege

Background Information (City Council)

Member Motion MM45.28
https://www.toronto.ca/legdocs/mmis/2013/mm/bgrd/backgroundfile-65216.pdf
(December 16, 2013) Report from the City Solicitor on 95 and 99 Broadway and 197 Redpath Avenue - Zoning Appeal Re: TE26.18, Request for Directions
https://www.toronto.ca/legdocs/mmis/2013/mm/bgrd/backgroundfile-65218.pdf
Confidential Attachment 1 - Confidential Information
Confidential Attachment 2 - Confidential Appendix 1 - chart
Confidential Attachment 3 - Confidential Appendix 2 - correspondence dated December 13, 2013

Motions (City Council)

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

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

 

95 and 99 Broadway and 197 Redpath Avenue - Zoning Appeal

 

Reason for Urgency:

 

This is an urgent matter as the Ontario Municipal Board has set a hearing for five days commencing on Monday, February 24, 2014.

Vote (Introduce Motion without Notice) Dec-17-2013 2:30 PM

Result: Carried Two-Thirds full Council Required - Matlow - Add Urgent Motion
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 10 Members that were absent are Ana Bail„o, Raymond Cho, Vincent Crisanti, Paula Fletcher, Doug Ford, Rob Ford, Giorgio Mammoliti, Denzil Minnan-Wong, Cesar Palacio, Karen Stintz

Motion to Adopt Item (Carried)

Vote (Adopt Item) Dec-18-2013 9:54 AM

Result: Carried Majority Required - MM45.28 - Adopt the item
Total members that voted Yes: 32 Members that voted Yes are Ana Bail„o, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, 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: 13 Members that were absent are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Raymond Cho, John Filion, Paula Fletcher, Doug Ford, Peter Milczyn, Ron Moeser, James Pasternak, Anthony Perruzza, Jaye Robinson, David Shiner
Source: Toronto City Clerk at www.toronto.ca/council