Item - 2015.EY5.2
Tracking Status
- City Council adopted this item on May 5, 2015 with amendments.
- This item was considered by Etobicoke York Community Council on April 14, 2015 and was adopted with amendments. It will be considered by City Council on May 5, 2015.
EY5.2 - Request for Direction Report - 2114 - 2130 Bloor Street West - Zoning By-law Amendment Application
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 13 - Parkdale-High Park
City Council Decision
City Council on May 5, 6 and 7, 2015, adopted the following:
1. City Council authorize the City Solicitor, City Planning staff and other appropriate City staff to attend the Ontario Municipal Board Pre-Hearing Conference on June 5, 2015 regarding 2114-2130 Bloor Street West to request a further prehearing conference to allow for further negotiations, and in the event the deferral request is not successful, to seek mediation with the Applicants, City Staff, and identified Parties at the Ontario Municipal Board.
2. City Council authorize the appropriate City staff to continue discussions with the applicant and the Residents' Associations involved to negotiate an appropriate development proposal for the subject lands.
3. City Council request the Director, Community Planning, Etobicoke York District, to include the Residents' Associations involved in the 2114-2130 Bloor Street West Working Group in any future working group(s) pertaining to the proposed development at 2114-2130 Bloor Street West. City staff shall receive and consider input from these Residents' Associations on the future site plan control application for this development in the event any rezoning and/or Official Plan amendments are approved.
4. City Council direct staff to ensure any potential settlement for both 2114-2130 Bloor Street West and 2800 Bloor Street West is contingent upon securing a satisfactory arrangement with the Ward 5 Councillor to resolve outstanding issues with the redevelopment of 2800 Bloor Street West.
5. City Council direct staff to work with the applicant on appropriate Rental Housing Replacement that allows for the full replacement of 10 rental units at 2800 Bloor Street West or alternatively off-site at 2114-2130 Bloor Street West, that includes, among other usual matters, the following details:
i. seven two-bedroom units with a minimum size of 900 square feet
ii. three three-bedroom units with a minimum size of 1000 square feet
iii. a mix of affordable and mid-range units with a minimum of three affordable units
iv. contiguous units, distributed throughout the building.
6. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 4, 2015) from the City Solicitor.
7. City Council authorize the public release of the confidential instructions and City Council direct that the balance of Confidential Attachment 1, Appendix "A" and Appendix "B" to the report (May 4, 2015) from the City Solicitor remain confidential.
The following confidential instructions to staff in Confidential Attachment 1 to the report (May 4, 2015) from the City Solicitor were adopted by City Council and are now public:
1. City Council direct the City Solicitor to continue negotiations with the proponent in order to resolve concerns related to the built form of 2114-2130 Bloor Street West, the access to the underground parking garage at 2114 -2130 Bloor Street West and the concerns respecting the option for rental replacement required for 2800 Bloor Street West being provided off-site at 2114-2130 Bloor Street West.
2. City Council authorize the City Solicitor and other appropriate City Officials to take the necessary steps to implement Council's decision.
The balance of Confidential Attachment 1 and Appendix "A" and Appendix "B" to the report (May 4, 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 or corporations and they contain advice or communications that are subject to solicitor-client privilege
City Council Decision Advice and Other Information
City Council recessed its public session and met as Committee of the Whole in closed session on May 5, 2015, to consider confidential information on this Item as it relates to litigation or potential litigation that affects the City or one of its agencies or corporations and advice or communications that are subject to solicitor-client privilege. City Council subsequently considered this Item in public session only.
Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board advice or communications that are subject to solicitor-client privilege.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2015/ey/bgrd/backgroundfile-78196.pdf
(March 23, 2015) Placeholder Report from the Director, Community Planning, Etobicoke York District, regarding 2114 - 2130 Bloor Street West - Zoning By-law Amendment Application
https://www.toronto.ca/legdocs/mmis/2015/ey/bgrd/backgroundfile-78980.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-79856.pdf
Confidential Attachment 1
Motions (City Council)
May 5, 2015 at 7:53 p.m. - Speaker Nunziata advised that City Council had not considered Item EY5.2 in the closed session.
That:
1. City Council delete Etobicoke York Community Council recommendation 4.
Recommendation to be deleted
4. City Council direct staff to target the May 12, 2015 Etobicoke York Community Council meeting with a detailed report on the April 6, 2015 revised proposal and any other legal issues for 2114-2130 Bloor Street West or any subsequent With Prejudice proposals submitted, and any Official Plan or legal implications related to the 2800 Bloor Street West With Prejudice component of the settlement offer.
2. City Council adopt the following recommendations contained in the supplementary report (May 4, 2015) from the City Solicitor [EY5.2a]:
1. City Council adopt the Confidential Recommendations to staff in Attachment 1;and
2. City Council authorize the public release of the Confidential Recommendations, if adopted by City Council, with the balance of Confidential Attachment 1, Appendix "A" and Appendix "B" to remain confidential.
Vote (Amend Item) May-07-2015 9:40 AM
| Result: Carried | Majority Required - EY5.2 - Doucette - motion 1 |
|---|---|
| Total members that voted Yes: 27 | Members that voted Yes are Paul Ainslie, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, Mark Grimes, Stephen Holyday, Norman Kelly, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, John Tory |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 18 | Members that were absent are Maria Augimeri, Ana Bailão, Josh Colle, Joe Cressy, Vincent Crisanti, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Jim Karygiannis, Mike Layton, Chin Lee, Joe Mihevc, Denzil Minnan-Wong, Anthony Perruzza, David Shiner, Michael Thompson, Kristyn Wong-Tam |
Vote (Adopt Item as Amended) May-07-2015 9:42 AM
| Result: Carried | Majority Required - EY5.2 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 27 | Members that voted Yes are Paul Ainslie, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, Mark Grimes, Stephen Holyday, Norman Kelly, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, John Tory |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 18 | Members that were absent are Maria Augimeri, Ana Bailão, Josh Colle, Joe Cressy, Vincent Crisanti, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Jim Karygiannis, Mike Layton, Chin Lee, Joe Mihevc, Denzil Minnan-Wong, Anthony Perruzza, David Shiner, Michael Thompson, Kristyn Wong-Tam |
EY5.2 - Request for Direction Report - 2114 - 2130 Bloor Street West - Zoning By-law Amendment Application
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 13 - Parkdale-High Park
Community Council Recommendations
Etobicoke York Community Council recommends that:
1. City Council authorize the City Solicitor, City Planning staff and other appropriate City staff to attend the Ontario Municipal Board Pre-Hearing Conference on June 5, 2015 to request a further prehearing conference to allow for further negotiations. In the event the deferral request is not successful, seek mediation with the Applicants, City Staff, and identified Parties at the Ontario Municipal Board.
2. City Council authorize City staff to continue discussions with the applicant and the Residents' Associations involved to negotiate an appropriate development proposal for the subject lands.
3. City Council request the Director, Community Planning, Etobicoke York District, to include the Residents' Associations involved in the 2114-2130 Bloor Street West Working Group in any future working group(s) pertaining to the proposed development at 2114-2130 Bloor Street West. City staff shall receive and consider input from these Residents' Associations on the future site plan control application for this development in the event any rezoning and/or Official Plan amendments are approved.
4. City Council direct staff to target the May 12, 2015 Etobicoke York Community Council meeting with a detailed report on the April 6, 2015 revised proposal and any other legal issues for 2114-2130 Bloor Street West or any subsequent With Prejudice proposals submitted, and any Official Plan or legal implications related to the 2800 Bloor Street West With Prejudice component of the settlement offer.
5. City Council direct staff to ensure any potential settlement for both 2114-2130 Bloor Street West and 2800 Bloor Street West is contingent upon securing a satisfactory arrangement with the Ward 5 Councillor to resolve outstanding issues with the redevelopment of 2800 Bloor Street West.
6. City Council direct staff to work with the applicant on appropriate Rental Housing Replacement that allows for the full replacement of 10 rental units at 2800 Bloor Street West or alternatively off-site at 2114-2130 Bloor Street West, that includes, among other usual matters, the following details:
i. seven two-bedroom units with a minimum size of 900 sq ft
ii. three three-bedroom units with a minimum size of 1000 sq ft
iii. a mix of affordable and mid-range units with a minimum of 3 affordable units
iv. contiguous units, distributed throughout the building.
Decision Advice and Other Information
Etobicoke York Community Council considered the following Items together:
- Item EY5.2, headed "Request for Direction Report - 2114 - 2130 Bloor Street West - Zoning By-law Amendment Application"; and
- Item EY5.5, headed "Settlement Proposal - 2800 Bloor Street West".
Origin
Summary
The purpose of this report is to advise that the solicitor representing the proponent filed a “With Prejudice” settlement offer to the City on April 6, 2015 which proposes modifications to certain built form elements of the proposed development.
This settlement offer also proposes to tie this application with a "With Prejudice" settlement offer on another of the proponent's applications at 2800 Bloor Street West that is also currently under appeal to the Ontario Municipal Board. The settlement offer related to 2800 Bloor Street West proposes to replace required rental housing off-site in the 2114-2130 Bloor Street West development.
A motion related to the 2800 Bloor Street West application is also on this Etobicoke York Community Council agenda as Item EY5.5.
The timing of the settlement offers has not provided staff a sufficient opportunity to comprehensively assess and evaluate the 2114-2130 Bloor Street West proposal or the now linked settlement offer on the 2800 Bloor Street West application.
The Ontario Municipal Board has scheduled a pre-hearing conference on June 5, 2015 for the 2114-2130 Bloor Street West appeal. A second pre-hearing conference for the 2800 Bloor Street West appeal is scheduled for May 29, 2015. No hearing dates have been assigned to either appeal.
Without having sufficient time to complete a review of the settlement offer for the subject proposal and with the introduction and linking of the 2800 Bloor Street West appeal with this application, staff are not in a position to make any definitive recommendations to City Council at this time.
Staff recommend that Etobicoke York Community Council defer consideration of this settlement offer and direct staff to target the May 12, 2015 Etobicoke York Community Council meeting with a detailed report on the revised proposal for 2114-2130 Bloor Street West and any Official Plan or legal implications related to the 2800 Bloor Street West component of the settlement offer.
Background Information
https://www.toronto.ca/legdocs/mmis/2015/ey/bgrd/backgroundfile-78196.pdf
(March 23, 2015) Placeholder Report from the Director, Community Planning, Etobicoke York District, regarding 2114 - 2130 Bloor Street West - Zoning By-law Amendment Application
https://www.toronto.ca/legdocs/mmis/2015/ey/bgrd/backgroundfile-78980.pdf
Motions
Etobicoke York Community Council recommends that:
1. City Council authorize the City Solicitor, City Planning staff and other appropriate City staff to attend the Ontario Municipal Board Pre-Hearing Conference on June 5, 2015 to request a further prehearing conference to allow for further negotiations. In the event the deferral request is not successful, seek mediation with the Applicants, City Staff, and identified Parties at the Ontario Municipal Board.
2. City Council authorize City staff to continue discussions with the applicant and the Residents' Associations involved to negotiate an appropriate development proposal for the subject lands.
3. City Council request the Director, Community Planning, Etobicoke York District, to include the Residents' Associations involved in the 2114-2130 Bloor Street West Working Group in any future working group(s) pertaining to the proposed development at 2114-2130 Bloor Street West. City staff shall receive and consider input from these Residents' Associations on the future site plan control application for this development in the event any rezoning and/or Official Plan amendments are approved.
4. City Council direct staff to target the May 12, 2015 Etobicoke York Community Council meeting with a detailed report on the April 6, 2015 revised proposal and any other legal issues for 2114-2130 Bloor Street West or any subsequent With Prejudice proposals submitted, and any Official Plan or legal implications related to the 2800 Bloor Street West With Prejudice component of the settlement offer.
5. City Council direct staff to ensure any potential settlement for both 2114-2130 Bloor Street West and 2800 Bloor Street West is contingent upon securing a satisfactory arrangement with the Ward 5 Councillor to resolve outstanding issues with the redevelopment of 2800 Bloor Street West.
6. City Council direct staff to work with the applicant on appropriate Rental Housing Replacement that allows for the full replacement of 10 rental units at 2800 Bloor Street West or alternatively off-site at 2114-2130 Bloor Street West, that includes, among other usual matters, the following details:
i. seven two-bedroom units with a minimum size of 900 sq ft
ii. three three-bedroom units with a minimum size of 1000 sq ft
iii. a mix of affordable and mid-range units with a minimum of 3 affordable units
iv. contiguous units, distributed throughout the building.