Item - 2015.NY5.38

Tracking Status

  • City Council adopted this item on June 10, 2015 with amendments.
  • City Council considered this item on May 5, 2015 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
  • This item was considered by the North York Community Council on April 14, 2015 and adopted without amendment. It will be considered by City Council on May 5, 2015.

NY5.38 - Request for Direction Report - Zoning Amendment and Site Plan Control Applications - 3100 Keele Street

Decision Type:
ACTION
Status:
Amended
Ward:
9 - York Centre

City Council Decision

City Council on June 10, 11 and 12, 2015, adopted the following:

 

1.  City Council adopt the recommendations contained in Confidential Attachment 1 to the supplementary report (June 9, 2015) from the City Solicitor.

 

2.  City Council direct that the recommendations contained in Confidential Attachment 1 to the supplementary report (June 9, 2015) from the City Solicitor be made public at the discretion of the City Solicitor and City Council direct that all other information contained in the Confidential Attachment 1 to the supplementary report (June 9, 2015) from the City Solicitor remain confidential.

 

Confidential Attachment 1 to the supplementary report (June 9, 2015) from the City Solicitor remains confidential in its entirety at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City or one of its agencies, boards, and commissions and it contains advice or communications that are subject to solicitor-client privilege.  The recommendations contained in Confidential Attachment 1 to the supplementary report (June 9, 2015) from the City Solicitor will be made public at the discretion of the City Solicitor.

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 (Community Council)

(March 25, 2015) Request for Direction Report and Attachments 1-7 from the Director, Community Planning, North York District on Zoning Amendment and Site Plan Control Applications for 3100 Keele Street
https://www.toronto.ca/legdocs/mmis/2015/ny/bgrd/backgroundfile-78581.pdf

Background Information (City Council)

(June 9, 2015) Supplementary report from the City Solicitor on 3100 Keele Street - Zoning By-law Amendment Appeal - Request for Direction on without Prejudice Settlement Offer (NY5.38a)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-81265.pdf

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor Maria Augimeri (Carried)

That City Council delete the recommendation of the North York Community Council and adopt instead following recommendations contained in the supplementary report (June 9, 2015) from the City Solicitor [NY5.38a]:

 

1.  Council adopt the recommendations contained in the Confidential Attachment 1 to this report.

 

2.  The recommendations contained in the Confidential Attachment 1 to this report be made public at the discretion of the City Solicitor. All other information contained in the Confidential Attachment 1 is to remain confidential.

NY5.38 - Request for Direction Report - Zoning Amendment and Site Plan Control Applications - 3100 Keele Street

Decision Type:
ACTION
Status:
Deferred
Ward:
9 - York Centre

City Council Decision

City Council on May 5, 6 and 7, 2015, deferred consideration of Item NY5.38 until the June 10 and 11, 2015 City Council meeting.

Background Information (Community Council)

(March 25, 2015) Request for Direction Report and Attachments 1-7 from the Director, Community Planning, North York District on Zoning Amendment and Site Plan Control Applications for 3100 Keele Street
https://www.toronto.ca/legdocs/mmis/2015/ny/bgrd/backgroundfile-78581.pdf

Motions (City Council)

1 - Motion to Defer Item moved by Councillor Maria Augimeri (Carried)

That consideration of the item be deferred until the June 10 and 11, 2015 meeting of City Council.

Vote (Defer Item) May-05-2015 2:31 PM

Result: Carried Majority Required - NY5.38 - Augimeri - motion 1 - defer the item
Total members that voted Yes: 42 Members that voted Yes are Paul Ainslie, Maria Augimeri, 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, Jim Karygiannis, Norman Kelly, Mike Layton, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, 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: 3 Members that were absent are Ana Bail„o, Michelle Berardinetti, Chin Lee

NY5.38 - Request for Direction Report - Zoning Amendment and Site Plan Control Applications - 3100 Keele Street

Decision Type:
ACTION
Status:
Adopted
Ward:
9 - York Centre

Community Council Recommendations

North York Community Council recommends that:

 

1.         City Council direct the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Ontario Municipal Board (OMB) hearing to oppose the Zoning By-law Amendment application in the current form.

 

2.         City Council authorize City staff to continue discussions with the applicant on a revised proposal which addresses the issues set out in the report (March 25, 2015) from the Director, Community Planning, North York District.

 

3.         In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct staff to request that the Board withhold any order to approve a Zoning By-law Amendment for the subject lands until such time as a site plan agreement has been entered into between the City and the owner and any preconditions to site plan approval are fulfilled.

 

4.         City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold any final Orders approving the Zoning By-law Amendment until such time as the Owner has entered into and registered a Section 37 Agreement to the satisfaction of the City Solicitor.

Origin

(March 25, 2015) Report from the Director, Community Planning, North York District

Summary

The applicant has appealed the Zoning By-law Amendment and Site Plan Control applications to the Ontario Municipal Board (OMB) due to Council's failure to make a decision on the applications within the time prescribed by the Planning Act.  A pre-hearing conference has been set for May 5, 2015.  No hearing date has been set.

 

The applicant has appealed the original submission, however, over the course of the review, the applicant had submitted revisions in response to City comments and the community consultation meeting feedback.  This report will outline the original submission, as well as the most recently reviewed submission.  The original proposal is for a 19-storey building and 3 blocks of 4-storey townhouses.  The revised proposal is for a 14-storey building with a 10-storey wing at the south end and a 6-storey wing at the north end as well as one block of 4-storey townhouses. 

 

The report recommends that the City Solicitor, together with City Planning staff, attend the OMB hearing in opposition to the current proposal.  It also recommends that staff continue to work with the applicant in an attempt to address the outstanding issues set out in this report.

Background Information

(March 25, 2015) Request for Direction Report and Attachments 1-7 from the Director, Community Planning, North York District on Zoning Amendment and Site Plan Control Applications for 3100 Keele Street
https://www.toronto.ca/legdocs/mmis/2015/ny/bgrd/backgroundfile-78581.pdf

Speakers

Howard Kaplan, Trustee - York Centre, Toronto District School Board

Motions

1 - Motion to Adopt Item moved by Councillor Maria Augimeri (Carried)
Source: Toronto City Clerk at www.toronto.ca/council