Item - 2014.TE30.97

Tracking Status

  • City Council adopted this item on March 20, 2014 with amendments.
  • This item was considered by Toronto and East York Community Council on February 25, 2014. It is being forwarded to City Council without recommendations. It will be considered by City Council on March 20, 2014.

TE30.97 - Appeal of Rezoning Application - 89 Avenue Road

Decision Type:
ACTION
Status:
Amended
Ward:
27 - Toronto Centre-Rosedale

City Council Decision

City Council on March 20, 2014, adopted the following:

 

1.         City Council adopt the Recommendations in Confidential Attachment 1 to the report (March 11, 2014) from the City Solicitor.

 

2.         City Council direct that the confidential instructions to staff in respect of the Ontario Municipal Board hearing be made public at the conclusion of the Council meeting and that the remainder of Confidential Attachment 1 remain confidential.

 

The following recommendations in Confidential Attachment 1 to the report (March 11, 2014) from the City Solicitor were adopted by City Council and are now public:

 

1.         City Council advise the Ontario Municipal Board that, subject to the resolution to the satisfaction of the City of all matters related to the appeal, the City supports the settlement in principle of the zoning by-law appeal on the basis arising from the mediation chaired by the Municipal Board on January 27 and 29, 2014, which includes the following key points:

 

a.         The development proposal does not include a hotel component and the commercial/restaurant component cannot have access to the residential amenity consisting of the central, outdoor pool (both the zoning by-law and the section 37 agreement will confirm this access prohibition);

 

b.         The height of the component of the structure adjacent to Avenue Road is reduced to 20 storeys (76.05 metres) plus elevator over-run;

 

c.         The tower, as it addresses Avenue Road, is set back a minimum of 2.7 metres, has a newly-introduced base feature which steps forward 1.5 metres on floors four through six and then steps back 2.5 metres for floors seven through twenty, with a further step back of 2 metres for the mechanical penthouse at the top of the tower;

 

d.         The height of that component of the structure adjacent to the Neighbourhood to the east is reduced to 14 metres and the east set back is increased to 7.5 metres (landscaped), with no commercial access permitted into that set back area and the adjacent rear lane to the east;

 

e.         Gross floor area is reduced in accordance with the built form changes and is anticipated to be in the range of: residential GFA 7,960 m2 (approximately 61 units), non-residential GFA 1,511 m2 and total GFA 9,471 m2 (more or less);

 

f.          The owner will provide community benefits, pursuant to section 37 of the Planning Act, having a value of $650,000, indexed in accordance with City practice, prior to the first above-grade building permit. Such funds shall be used by the City for local streetscaping improvements (specifically the hydro burying initiative in the Yorkville Triangle Neighbourhood) and for capital improvements to local parks and to the Toronto Reference Library. The community benefits will be secured in an agreement pursuant to section 37 of the Act in a form satisfactory to the City Solicitor.

 

2.         City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to support Council's decision to the Municipal Board and to finalize the elements of the settlement, including the final form of the minutes of settlement and other planning instruments.

 

The balance of Confidential Attachment 1to the report (March 11, 2014) 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, affecting the City or one of its agencies, boards, and commissions, and 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 advice or communications that are subject to solicitor-client privilege

Background Information (Community Council)

(February 21, 2014) Report from the City Solicitor - Appeal of Rezoning Application 89 Avenue Road
https://www.toronto.ca/legdocs/mmis/2014/te/bgrd/backgroundfile-67157.pdf

Background Information (City Council)

(March 11, 2014) Supplementary report from the City Solicitor on 89 Avenue Road - Appeal of Rezoning Application 12 146411 STE 27 OZ (TE30.97a)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-67538.pdf
Confidential Attachment 1

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor Kristyn Wong-Tam (Carried)

That City Council adopt the recommendations contained in the supplementary report (March 11, 2014) from the City Solicitor [TE30.97a]:

 

1.         City Council adopt the recommendations in Confidential Attachment 1.

 

2.         City Council’s instructions to staff in respect of the Ontario Municipal Board hearing be authorized for public release at the conclusion of the Council meeting and that the remainder of Confidential Attachment 1 remain confidential.

Vote (Adopt Item as Amended) Mar-20-2014 2:48 PM

Result: Carried Majority Required - TE30.97 - Wong-Tam - Adopt the item as amended
Total members that voted Yes: 30 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Raymond Cho, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Rob Ford, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 15 Members that were absent are Shelley Carroll, Josh Colle, Janet Davis, Paula Fletcher, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Josh Matlow, Denzil Minnan-Wong, Ron Moeser, Cesar Palacio, Jaye Robinson, David Shiner, Karen Stintz

TE30.97 - Appeal of Rezoning Application - 89 Avenue Road

Decision Type:
ACTION
Status:
Without Recs
Ward:
27 - Toronto Centre-Rosedale

Community Council Recommendations

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

Decision Advice and Other Information

The Toronto and East York Community Council directed the Director, Community Planning, Toronto and East York District and the City Solicitor to report to City Council on March 20, 2014, on an upcoming OMB hearing and directions for the hearing with respect to the property at 89 Avenue Road.

Origin

(February 21, 2014) Report from the City Solicitor

Summary

The purpose of this report is to advise Toronto and East York Community Council that the City Solicitor will be submitting a report for Council's consideration on March 20, 2014.  The report will seek instructions from Council on an upcoming OMB hearing scheduled for March 26, 2014.

Background Information

(February 21, 2014) Report from the City Solicitor - Appeal of Rezoning Application 89 Avenue Road
https://www.toronto.ca/legdocs/mmis/2014/te/bgrd/backgroundfile-67157.pdf

Motions

1 - Motion to Add New Business at Committee moved by Councillor Mary Fragedakis (Carried)

2 - Motion to forward item Without Recommendations moved by Councillor Kristyn Wong-Tam (Carried)

That the Toronto and East York Community Council:

 

1.         Submit this item to Council without recommendation.

 

2.         Directed the Director, Community Planning, Toronto and East York District and the City Solicitor to report to City Council on March 20, 2014, on an upcoming OMB hearing and directions for the hearing with respect to the property at 89 Avenue Road.

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