Item - 2016.NY15.45

Tracking Status

  • City Council adopted this item on July 12, 2016 with amendments.
  • This item was considered by the North York Community Council on June 14, 2016 and adopted without amendment. It will be considered by City Council on July 12, 2016.

NY15.45 - Request for Direction Report - Official Plan Amendment, Zoning Amendment, Site Plan - 3057-3067 Bayview Avenue and 1 Burleigh Heights Drive

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

City Council Decision

City Council on July 12, 13, 14 and 15, 2016, adopted the following:

 

1.  City Council adopt the confidential instructions to staff contained in Confidential Attachment 1 to the supplementary report (July 5, 2016) from the Interim City Solicitor. 

 

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, and Confidential Attachments 2, 3 and 4 to the supplementary report (July 5, 2016) from the Interim City Solicitor, and City Council direct that the balance of Attachment 1 to the supplementary report (July 5, 2016) from the Interim City Solicitor remain confidential at the discretion of Interim City Solicitor.

 

3.  City Council direct the appropriate City staff to organize a community meeting at the discretion of the Ward Councillor to discuss Confidential Attachments 2, 3 and 4 to the supplementary report (July 5, 2016) from the Interim City Solicitor, once released, prior to the Ontario Municipal Board hearing.

 

The following confidential instructions to staff in Confidential Attachment 1 to the supplementary report (July 5, 2016) from the Interim City Solicitor were adopted by City Council and are now public:  

 

1.  City Council instruct the City Solicitor to settle the appeals of the site specific Official Plan, Rezoning and Site Plan Approval Applications in accordance with the terms set out in the June 6, 2016 letter from Aird & Berlis LLP as amended by its supplementary email dated June 29, 2016.

 

Confidential Attachments 2, 3 and 4 to the supplementary report (July 5, 2016) from the Interim City Solicitor are now public and can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 to the supplementary report (July 5, 2016) from the Interim City Solicitor remains confidential at the discretion of the City Solicitor in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation that affects the City and it contains advice or communications that are subject to solicitor-client privilege.

Confidential Attachment - Litigation that affects the City and advice or communications that are subject to solicitor-client privilege

Background Information (Community Council)

(May 27, 2016) Request for Direction Report and Attachments 1-13 from the Director, Community Planning, North York District on the Official Plan Amendment, Zoning Amendment, Site Plan at 3057-3067 Bayview Avenue and 1 Burleigh Heights Drive
https://www.toronto.ca/legdocs/mmis/2016/ny/bgrd/backgroundfile-93751.pdf

Background Information (City Council)

(July 5, 2016) Supplementary report from the Interim City Solicitor on 3057-3067 Bayview Avenue and 1 Burleigh Heights Drive - Ontario Municipal Board Hearing (NY15.45a)
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-94909.pdf
Confidential Attachment 1
Confidential Attachments 2, 3 and 4 - made public on July 22, 2016
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-94897.pdf

Communications (City Council)

(March 24, 2016) E-mail from Edna Soifer (CC.Main.NY15.45.1)

Motions (City Council)

1 - Motion to Amend Item moved by Councillor David Shiner (Carried)

That:

 

1.  City Council adopt the following recommendation contained in the supplementary report (July 5, 2016) from the Interim City Solicitor [NY15.45a]:

 

1. Council delete the recommendation of the North York Community Council and adopt the confidential instructions to staff in Attachment 1.

 

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, and Confidential Attachments 2, 3 and 4 to the report (July 5, 2016) from the Interim City Solicitor, and City Council direct that the balance of Attachment 1 to the report (July 5, 2016) from the Interim City Solicitor remain confidential at the discretion of Interim City Solicitor.

 

3.  City Council direct the appropriate City staff to organize a community meeting at the discretion of the Ward Councillor to discuss Confidential Attachments 2, 3 and 4 to the report (July 5, 2016) from the Interim City Solicitor once released prior to the Ontario Municipal Board hearing.


Motion to Adopt Item as Amended (Carried)

NY15.45 - Request for Direction Report - Official Plan Amendment, Zoning Amendment, Site Plan - 3057-3067 Bayview Avenue and 1 Burleigh Heights Drive

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

Community Council Recommendations

North York Community Council recommends that:

 

1. City Council direct the City Solicitor, together with City Planning Staff and appropriate City staff, to attend the Ontario Municipal Board to oppose the appeal of the Official Plan Amendment and Zoning By-law Amendment applications (Application No. 15 186678 NNY 24 OZ) and Site Plan applications (15 186694 NNY 24 SA) in their current form.

 

2. In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council authorize the City Solicitor to request that the Board withhold any order to approve an Official Plan or Zoning By-law Amendment for the subject lands until such time as:

 

a. the Board has been advised by the City Solicitor that the proposed Official Plan and Zoning By-law amendments are in a form satisfactory to the City; and

 

b. the site plan control application is finalized to the satisfaction of the Director of Community Planning, North District.

  

3. City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant to address the issues outlined in the report (May 27, 2016) from the Director, Community Planning, North York District, and to report back to City Council on the outcome, including any revised proposal, as appropriate.

Origin

(May 27, 2016) Report from the Director, Community Planning, North York District

Summary

This application proposes 22 three-storey townhouses on the subject lands fronting onto Bayview Avenue, and 45 parking spaces in one level of underground parking at 3057-3067 Bayview Avenue and 1 Burleigh Heights Drive.

 

The applicant appealed the applications to the Ontario Municipal Board on January 12, 2016 on the basis that no decisions had been made on the applications within the statutory timeframe.  The purpose of this report is to seek City Council's direction for the City Solicitor and other appropriate City staff to attend the Ontario Municipal Board to oppose the application as currently proposed.  The proposal does not respect the existing and planned context of the neighbourhood and does not conform to the Official Plan.

Background Information

(May 27, 2016) Request for Direction Report and Attachments 1-13 from the Director, Community Planning, North York District on the Official Plan Amendment, Zoning Amendment, Site Plan at 3057-3067 Bayview Avenue and 1 Burleigh Heights Drive
https://www.toronto.ca/legdocs/mmis/2016/ny/bgrd/backgroundfile-93751.pdf

Motions

Motion to Adopt Item moved by Councillor Denzil Minnan-Wong (Carried)
Source: Toronto City Clerk at www.toronto.ca/council