Item - 2015.CC11.2

Tracking Status

CC11.2 - 18 - 30 Erskine Avenue - Zoning By-law Amendment - Request for directions regarding the January 6, 2016 Ontario Municipal Board mediation session

Decision Type:
ACTION
Status:
Amended
Ward:
25 - Don Valley West

City Council Decision

City Council on December 9 and 10, 2015, adopted the following:

 

1.  City Council adopt the confidential instructions to staff attached to motion 1 by Councillor Robinson.

 

2.  City Council authorize the public release of the confidential instructions to staff adopted by Council and Appendix 1 to Confidential Attachment 1 to the report (November 16, 2015) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (November 16, 2015) from the City Solicitor remain confidential.

 

The following confidential instructions to staff attached to motion 1 by Councillor Robinson were adopted by City Council and are now public:

 

1.  City Council direct the City Solicitor to accept the owner's without prejudice settlement offer regarding parking in Appendix 1 to Confidential Attachment 1 to the report (November 16, 2015) from the City Solicitor.

 

2.  City Council direct the City Solicitor to attend the Ontario Municipal Board hearing set for January 6, 2016, in support of the settlement offer.

 

3.  City Council approve the distribution of Section 37 funds as follows:

 

a.  Prior of the issuance of the first Above-Grade Building Permit, the Owner agrees to pay the City the sum of One Million One Hundred Thousand Dollars ($1,100,000), together with any increases to reflect increases in the Construction Price Index from the date of this Agreement to the date of payment, to be used towards the design and implementation of off-site streetscape, street tree improvements and/or public realm improvements on Keewatin Avenue and in the Yonge Eglinton Apartment Neighbourhood in consultation with the Ward Councillor and Chief Planner and Executive Director, City Planning.

 

b.  In the event the cash contributions referred to above have not been used for the intended purpose within three (3) years of the Final Confirmation Date of the Amending By-law, the cash contribution may be redirected for another purpose, in consultation with the Ward Councillor and Chief Planner and Executive Director, City Planning, provided that the purpose(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the Site.

 

Appendix 1 to Confidential Attachment 1 to the report (November 16, 2015) from the City Solicitor is now public and can be accessed under Background Information (City Council).

 

The balance of the Confidential Attachment 1, including Appendix 2, to the report (November 16, 2015) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to litigation or potential litigation that affects the City or one of its agencies, boards and commission and they contain 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 (City Council)

(November 16, 2015) Report from the City Solicitor on 18 - 30 Erskine Avenue - Zoning By-law Amendment - Request for directions regarding the January 6, 2016 Ontario Municipal Board mediation session (CC11.2)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-86330.pdf
Confidential Appendix 1 - made public on December 17, 2015
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-87057.pdf
Confidential Attachment 1, including all Appendices - made public on April 3, 2017
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-86331.pdf

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor Jaye Robinson (Carried)

That:

 

1.  City Council delete the recommendations in Item CC11.2:

 

Recommendations to be deleted

 

1. Council adopt the confidential instructions to staff in Confidential Attachment 1.

 

2. Council authorize the public release of recommendation 2 of the Confidential Attachment 1, if adopted, with the balance of the Confidential Attachment 1, including Appendix 1 and Appendix 2, to remain confidential.

 

2.  City Council adopt the confidential instructions to staff attached to this motion.

 

3.  City Council authorize the public release of the confidential instructions to staff adopted by Council and Appendix 1 to Confidential Attachment 1 to the report (November 16, 2015) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (November 16, 2015) from the City Solicitor remain confidential.

Vote (Adopt Item as Amended) Dec-10-2015 2:16 PM

Result: Carried Majority Required - CC11.2 - Robinson - motion 1
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Raymond Cho, Gary Crawford, Joe Cressy, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, 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 Maria Augimeri, Ana Bail„o, Shelley Carroll, Josh Colle, Janet Davis, Paula Fletcher, Rob Ford, James Pasternak, David Shiner

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor Maria Augimeri - as she owns property in the area.
Source: Toronto City Clerk at www.toronto.ca/council