Item - 2015.MM2.10

Tracking Status

  • City Council adopted this item on December 11, 2014 with amendments.

MM2.10 - 2265 - 2279 Bloor Street West and 116 and 240 Durie Street - Request for Directions regarding Ontario Municipal Board Hearing - by Councillor Sarah Doucette, seconded by Councillor Mike Layton

Decision Type:
ACTION
Status:
Amended
Ward:
13 - Parkdale-High Park

City Council Decision

City Council on December 11, 2014, adopted the following:

 

1.         City Council receive the report (December 11, 2014) from the City Solicitor.

 

2.         City Council direct that Confidential Attachment 1 to the report (December 11, 2014) from the City Solicitor remain confidential as it pertains to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and contains advice that is subject to solicitor-client privilege.

 

3.         City Council adopt the confidential instructions to staff attached to the amending motion by Councillor Doucette.

 

4.          City Council direct the confidential instructions be made public at the discretion of the City Solicitor.

 

The following confidential instructions attached to the amending motion by Councillor Doucette were adopted by City Council and are now public:

 

1.         City Council direct the City Solicitor to attend the Ontario Municipal Board in opposition to the applicant's December 9, 2014 revised drawings and further authorize the City Solicitor to retain outside consultants.

 

2.         City Council further direct the City Solicitor to request the Ontario Municipal Board to consider the application as a candidate for mediation.

 

3.         City Council direct staff to advise the Ontario Municipal Board of City Council's position that any redevelopment of the lands must also include the full replacement of the existing 19 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 be secured, to the satisfaction of the Chief Planner and Executive Director, City Planning.

 

4.         City Council direct staff to request that if the applications are approved by the Ontario Municipal Board, that the Board withhold its order on the Official Plan and Zoning By-law Amendment application appeals for the subject lands until such time as:  

 

i.          the City and the applicant send to the Ontario Municipal Board a draft Zoning By-law Amendment that includes the provision and securing of the rental housing matters as outlined in Part 3 above, and a Section 37 Agreement incorporating these matters has been executed; and

 

ii.          confirmation from the City regarding the appropriate conditions of Site Plan Approval.

 

5.         City Council direct the City Solicitor to settle at the Ontario Municipal Board if the following concerns are resolved to the satisfaction of the retained land use planning consultant by a revised proposal: reduced protrusion into the angular plane permitted by the Zoning By-law; a step-back on the third floor should be introduced on the north side; the below-grade parking lot should be located only underneath the apartment building, with the intention of reducing the number of parking spaces; Amenity Space should not be located in or outside the Residential house at 116 Durie Street.

 

Confidential Attachment 1 to the report (December 11, 2014) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it relates to litigation or potential litigation that affects the City or one of its agencies, boards and commissions and contains 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 December 11, 2014, and considered confidential information on this Item as it pertains to 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.

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

Background Information (City Council)

(December 11, 2014) Report from the City Solicitor on 2265 - 2279 Bloor Street West and 116 and 240 Durie Street - EY35.11 - Request for Direction - Official Plan Amendment - Zoning By-law Amendment and Site Plan Control
https://www.toronto.ca/legdocs/mmis/2015/mm/bgrd/backgroundfile-74062.pdf
Confidential Attachment 1

Motions (City Council)

Motion to Introduce Motion without Notice moved by Councillor Sarah Doucette (Carried)

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

 

2265 - 2279 Bloor Street and 116 and 240 Durie Street - Request for Directions regarding Ontario Municipal Board Hearing

 

Reason for Urgency:

 

This Motion is brought forward on an urgent basis as staff require Council's direction on the revised proposal prior to the January 6, 2015 hearing date.

Vote (Introduce Motion without Notice) Dec-11-2014 2:21 PM

Result: Carried Two-Thirds full Council Required - Doucette - Add Urgent Motion
Total members that voted Yes: 41 Members that voted Yes are Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 4 Members that were absent are Paul Ainslie, Maria Augimeri, Jim Karygiannis, Ron Moeser

Report of Committee of the Whole

December 11, 2014 at 6:07 p.m. – Speaker Nunziata advised that City Council had completed its closed session consideration of MM2.10 – 2265 – 2279 Bloor Street West and 116 and 240 Durie Street – Request for Directions regarding Ontario Municipal Board Hearing in the closed session. No motions were made in closed session.  Council would now proceed with the public debate on this Item.


1 - Motion to Adopt Item as Amended moved by Councillor Sarah Doucette (Carried)

That:

 

1.         City Council receive the report (December 11, 2014) report from the City Solicitor.

 

2.         City Council direct that the Confidential Attachment 1 to the report (December 11, 2014) from the City Solicitor remain confidential as it pertains to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and contains advice that is subject to solicitor-client privilege.

 

3.         City Council adopt the confidential instructions to staff attached to this Motion.

 

4.          City Council direct that the confidential instructions be made public at the discretion of the City Solicitor.

Vote (Adopt Item as Amended) Dec-11-2014 6:58 PM

Result: Carried Majority Required - MM2.10 - Doucette - motion 1
Total members that voted Yes: 30 Members that voted Yes are Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mark Grimes, Stephen Holyday, Jim Karygiannis, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner
Total members that voted No: 3 Members that voted No are Paul Ainslie, Norman Kelly, Denzil Minnan-Wong
Total members that were Absent: 12 Members that were absent are Maria Augimeri, Michelle Berardinetti, Gary Crawford, Rob Ford, Mary Fragedakis, Giorgio Mammoliti, Joe Mihevc, Ron Moeser, James Pasternak, Michael Thompson, John Tory, Kristyn Wong-Tam
Source: Toronto City Clerk at www.toronto.ca/council