Item - 2014.MM54.21

Tracking Status

  • City Council adopted this item on July 8, 2014 without amendments.

MM54.21 - 2360-2378 Yonge Street and 31, 33, 35 and 37 Helendale Avenue - Request for directions regarding Ontario Municipal Board Hearing - by Councillor Karen Stintz, seconded by Councillor Mary-Margaret McMahon

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

City Council Decision

City Council on July 8, 9, 10 and 11, 2014, adopted the following:

 

1.         City Council adopt the recommendations contained in Confidential Attachment 1 to the report (July 8, 2014) from the City Solicitor.

 

2.         City Council direct that the recommendations contained in Confidential Attachment 1 and the information contained in Confidential Appendix "A" to the report (July 8, 2014) from the City Solicitor be made public at the discretion of the City Solicitor.  City Council direct that the balance of information contained in Confidential Attachment 1 the report (July 8, 2014) from the City Solicitor is to remain confidential.

 

The recommendations in Confidential Attachment 1 and the information contained in Confidential Appendix "A" to the report (July 8, 2014) from the City Solicitor remain confidential in their entirety at this time in accordance with the provisions of the City of Toronto Act, 2006, as they relate to the receiving of advice or communication that is subject to solicitor-client privilege and they pertain to litigation or potential litigation.  The recommendations in Confidential Attachment 1 and the information contained in Confidential Appendix "A" to the report (July 8, 2014) from the City Solicitor will be made public at the discretion of the City Solicitor.

 

The balance of Confidential Attachment 1 and Confidential Appendices "B" and "C" to the report (July 8, 2014) from the City Solicitor remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they relate to the receiving of advice or communication that is subject to solicitor-client privilege and they pertain to litigation or potential litigation.

 

The following recommendations in Confidential Attachment 1 to the report (July 8, 2014) from the City Solicitor were made public on August 14, 2014:

 

1.         City Council authorize the City Solicitor to advise the Ontario Municipal Board (OMB) that City Council supports a settlement in principle of the zoning by-law appeals related to 2360-2378 Yonge Street and 31, 33, 35 and 37 Helendale Avenue (the “Appeals”), provided the following key points are met:

 

a.         The sites at 2360-2378 Yonge Street and 31, 33, 35 and 37 Helendale Avenue shall be the subject of a joint development proposal, the built form of which will be substantially as set out in Appendix “A” to this report;

 

b.         The development proposal shall include the replacement of all 19 existing residential rental units, all to the satisfaction of the Chief Planner; and

 

c.         The owner will provide community benefits, pursuant to Section 37 of the Planning Act, having a value of $1.5 million dollars, indexed in accordance with City practice, prior to the first above-grade building permit. Such funds shall be used by the City in its discretion for local streetscaping improvements, and/or public realm improvements and/or the Northern District Library. In addition, the owner shall provide for streetscape improvements to Yonge Street and to Helendale Avenue abutting the site in accordance with designs to be approved in connection with the Midtown in Focus, Parks, Open Space and Streetscape Master Plan Study for Yonge-Eglinton. The community benefits will be secured in an agreement pursuant to Section 37 of the Planning Act in a form satisfactory to the City Solicitor, and shall be registered prior to a final order on the Appeals by the OMB.

 

2.         The owner shall address on-site loading and pick-up/drop-off issues, to the satisfaction of General Manager of Transportation Services;

 

3.         The City Solicitor and Chief Planner be jointly authorized to support minor changes to the final built form of the development proposal; and

 

4.         The City Solicitor, in consultation with the Chief Planner, be authorized to finalize the elements of the settlement, including the final form of the minutes of settlement, the zoning by-law and any other related planning instruments and be authorized to request that the OMB approve the development in accordance with the above recommendations.

 

Confidential Appendix A to the report (July 8, 2014) from the City Solicitor is now public in its entirety and can be accessed under Background Information (City Council).

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

Background Information (City Council)

Member Motion MM54.21
https://www.toronto.ca/legdocs/mmis/2014/mm/bgrd/backgroundfile-71332.pdf
(July 8, 2014) Report from the City Solicitor on Request for directions regarding the Ontario Municipal Board Hearing for 2360-2378 Yonge Street and 31, 33, 35 and 37 Helendale Avenue
https://www.toronto.ca/legdocs/mmis/2014/mm/bgrd/backgroundfile-71333.pdf
Confidential Attachment 1
Confidential Appendix A - Built Form Terms - made public on August 14, 2014
https://www.toronto.ca/legdocs/mmis/2014/mm/bgrd/backgroundfile-71334.pdf
Confidential Appendix B - Map
Confidential Appendix C - Map

Motions (City Council)

Motion to Introduce Motion without Notice moved by Councillor Karen Stintz (Carried)

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

 

2360-2378 Yonge Street and 31, 33, 35 and 37 Helendale Avenue - Request for directions regarding Ontario Municipal Board Hearing

 

Reason for Urgency:

 

This motion is urgent as a pre-hearing conference for this matter is scheduled for July 17 and 18, 2014.

Vote (Introduce Motion without Notice) Jul-09-2014 10:41 AM

Result: Carried Two-Thirds full Council Required - Stintz - Add Urgent Motion
Total members that voted Yes: 43 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, 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, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, James Maloney, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 2 Members that were absent are Raymond Cho, Giorgio Mammoliti

Motion to Adopt Item (Carried)

Vote (Adopt Item) Jul-09-2014 3:03 PM

Result: Carried Majority Required - MM54.21 - Adopt the Item
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, James Maloney, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, Jaye Robinson, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Gary Crawford, Janet Davis, David Shiner, Karen Stintz, Michael Thompson
Source: Toronto City Clerk at www.toronto.ca/council