Item - 2015.NY7.37

Tracking Status

  • City Council adopted this item on July 7, 2015 with amendments.
  • This item was considered by North York Community Council on June 16, 2015. It is being forwarded to City Council without recommendations. It will be considered by City Council on July 7, 2015.

NY7.37 - Status Report - Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision Applications - 5799-5915 Yonge Street, 45 and 53 Cummer Avenue, 46 and 47 Averill Crescent

Decision Type:
ACTION
Status:
Amended
Ward:
24 - Willowdale

City Council Decision

City Council on July 7, 8 and 9, 2015, adopted the following:

 

1.  City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the supplementary report (July 8, 2015) from the City Solicitor, as amended by the confidential instructions attached to motion 1 by Councillor David Shiner.

 

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, as amended, including Appendices A and B to the supplementary report (July 8, 2015) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the supplementary report (July 8, 2015)  from the City Solicitor remains confidential.

 

The following confidential recommendations in Confidential Attachment 1 to the supplementary report (July 8, 2015) from the City Solicitor were adopted by City Council, as amended, and are now public:

 

1.  City Council accept the Proposed Settlement Principles in Appendix A from the Owner ("Silvercore") dated June 30, 2015, and as amended on July 6, 2015.

 

2.  City Council authorize the City Solicitor to seek an adjournment of the September 15, 2015 Ontario Municipal Board hearing.

 

3.  City Council authorize the City Solicitor, the Chief Planner and Executive Director, City Planning, together with any other necessary City staff, to attend the Ontario Municipal Board hearing in support of revised applications for a site-specific amendment to the North York Centre Secondary Plan, the North York Zoning By-law, and Plan of Subdivision for the proposed development that address the principles in Appendix A to the supplementary report (July 8, 2015) from the City Solicitor to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning and as substantially outlined in the supplementary report (July 8, 2015) from the City Solicitor.

 

4.  City Council authorize the City Solicitor to request that prior to the Ontario Municipal Board issuing its order to approve any Official Plan or Zoning By-law Amendment for the subject lands, the owner shall enter into an Agreement pursuant to Section 37 of the Planning Act, to be registered on title and to the satisfaction of the City Solicitor, to secure the following:

 

a.  street-related retail uses;

b.  recreational amenity area;

c.  at-grade bicycle parking;

d.  parkland conveyance in excess of required dedication;

e.  below grade connections to a future subway station;

f.  office uses in excess of 10,000 m2;

g.  community/Social Facility; and

h.  child Care facility.

 

5.  City Council authorize the City Solicitor to request that prior to the Ontario Municipal Board issuing its order to approve any Plan of Subdivision for the subject lands, the owner shall enter into an Agreement pursuant to Section 51 of the Planning Act, to be registered on title and to the satisfaction of the City Solicitor.

 

6.  City Council authorize the City Solicitor and appropriate City staff to continue discussions to finalize and secure among others, the following matters:

 

a.  affordable ownership housing;

b.  above base park improvements and value of any development charge credit;

c.  level of finished and furnished facilities and value of any development charge credit;

d.  conveyance of the necessary roads, road widenings and easements for public access; and

e.  timing/phasing of approvals and provision of park, roads and other associated infrastructure with each block.

 

7.  City Council direct that, in addition, staff work with the applicant to provide that the settlement instruments collectively, and evidence to the Ontario Municipal Board in support thereof, appropriately reflect an acknowledgement that the principles applied to the specific site, development and locational characteristics, (for example: direct connection to a planned new subway station, large frontage and size of parcel, parkland as a transition to adjacent neighbourhood, and new public road framework which are attributes of this development), which justify the amendments, are limited in their application in the context of the broader area and the applicable secondary plan.

  

Appendix A, as amended and Appendix B to Confidential Attachment 1 to the supplementary report (July 8, 2015) from the City Solicitor are now public and can be accessed under Background Information (City Council).

 

The balance of Confidential 1 to the supplementary report (July 8, 2015) 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 that affects the City or one of its agencies or corporations and contains 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 advice or communications that are subject to solicitor client privilege

Background Information (Community Council)

(June 10, 2015) Status Report from Director, Community Planning, North York District on Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision Applications for 5799-5915 Yonge Street, 45 and 53 Cummer Avenue, 46 and 47 Averill Crescent
https://www.toronto.ca/legdocs/mmis/2015/ny/bgrd/backgroundfile-81441.pdf
(May 27, 2015) Notice of Pending Direction Report from Director, Community Planning, North York District on Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision Applications for 5799-5915 Yonge Street, 45 and 53 Cummer Avenue, 46 and 47 Averill Crescent
https://www.toronto.ca/legdocs/mmis/2015/ny/bgrd/backgroundfile-80956.pdf

Background Information (City Council)

(July 8, 2015) Supplementary report from the City Solicitor on 5799-5915 Yonge Street, 45 and 53 Cummer Avenue, 46 and 47 Averill Crescent - Appeal of Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision Applications - Request for Direction Regarding OMB Hearing (NY7.37a)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-82118.pdf
Attachment 1 - Confidential Information
Confidential Appendix A to Confidential Attachment 1 - made public, as amended, on July 17, 2015
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-82222.pdf
Confidential Appendix B to Confidential Attachment 1 - made public on July 17, 2015
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-82223.pdf

Communications (City Council)

(July 7, 2015) E-mail from Anne Brooke, Secretary, Silverview Community Association (CC.New.NY7.37.1)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-54037.pdf

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor David Shiner (Carried)

That City Council adopt the following recommendations contained in the supplementary report (July 8, 2015) from the City Solicitor [NY7.37a]:

 

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

 

2.  City Council authorize the public release, at the end of the Council meeting, of the Confidential Recommendations in Attachment 1, including Appendices "A" and "B", if adopted by City Council.  All other information contained in the Confidential Attachment 1 is to remain confidential.

 

As amended by the confidential instructions attached to this motion.

Vote (Adopt Item as Amended) Jul-09-2015 5:54 PM

Result: Carried Majority Required - NY7.37 - Shiner - motion 1 - Adopt the item as amended
Total members that voted Yes: 30 Members that voted Yes are Paul Ainslie, Maria Augimeri, 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, Sarah Doucette, Mark Grimes, Stephen Holyday, Chin Lee, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, John Tory, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are John Filion, Paula Fletcher
Total members that were Absent: 13 Members that were absent are Ana Bail„o, Frank Di Giorgio, Rob Ford, Mary Fragedakis, Jim Karygiannis, Norman Kelly, Mike Layton, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Ron Moeser, Cesar Palacio, Michael Thompson

NY7.37 - Status Report - Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision Applications - 5799-5915 Yonge Street, 45 and 53 Cummer Avenue, 46 and 47 Averill Crescent

Decision Type:
ACTION
Status:
Without Recs
Ward:
24 - Willowdale

Community Council Recommendations

North York Community Council submits this item to City Council without recommendation.

Decision Advice and Other Information

North York Community Council:

 

1.  Directed the appropriate City staff to submit a Request for Direction Report directly to City Council for its meeting on July 7, 2015.

Origin

(June 10, 2015) Report from the Director, Community Planning, North York District

Summary

The applicant has appealed Council's failure to make a decision on the applications within the timeframe established by the Planning Act. A pre-hearing was held on July 22, 2014, and a full hearing is scheduled for September 15, 2015. 

 

These applications propose to permit the redevelopment of the 'Newtonbrook Plaza' lands at 5799 to 5915 Yonge Street to a mixed use project with 1,674 residential units, at-grade retail uses and office uses in 3 blocks with four buildings of 28, 36, 36 and 44 storeys in height. The development applications propose to retain the existing Lester B. Pearson Place apartment and the Cummer Avenue United Church at 45 and 53 Cummer Avenue and also propose parkland on the existing houses at 46 and 47 Averill Crescent.

 

A Request for Direction Report is required for the September 15, 2015 OMB Hearing. As staff are continuing discussions with the applicant and local councillor to explore the possibility of a settlement, a Request for Direction Report will be provided directly to the July 7, 2015 City Council meeting.

Background Information

(June 10, 2015) Status Report from Director, Community Planning, North York District on Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision Applications for 5799-5915 Yonge Street, 45 and 53 Cummer Avenue, 46 and 47 Averill Crescent
https://www.toronto.ca/legdocs/mmis/2015/ny/bgrd/backgroundfile-81441.pdf
(May 27, 2015) Notice of Pending Direction Report from Director, Community Planning, North York District on Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision Applications for 5799-5915 Yonge Street, 45 and 53 Cummer Avenue, 46 and 47 Averill Crescent
https://www.toronto.ca/legdocs/mmis/2015/ny/bgrd/backgroundfile-80956.pdf

Speakers

Houman Mortazawi
Anne Brooke, Secretary, Silverview Community Association

Motions

1 - Motion to forward item Without Recommendations moved by Councillor David Shiner (Carried)

That North York Community Council:

 

1. Submit this item to City Council without recommendation.

 

2. Direct the appropriate City Staff to submit a Request for Direction Report directly to City Council for its meeting on July 7, 2015.

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