Item - 2016.PG9.3

Tracking Status

PG9.3 - 170 and 194 Evans Avenue - Ontario Municipal Board Appeal - Request for Direction Report

Decision Type:
ACTION
Status:
Amended
Ward:
6 - Etobicoke-Lakeshore

City Council Decision

City Council on February 3 and 4, 2016, adopted the following:

 

1.  City Council authorize the City Solicitor to continue the City's appeal of the Etobicoke York Committee of Adjustment panel's approval of the Minor Variance application (A228/15EYK) for the lands municipally known as 170 and 194 Evans Avenue.

 

2.  City Council authorize the City Solicitor and necessary City staff to attend the Ontario Municipal Board hearing to oppose the Minor Variance decision as approved by the Committee of Adjustment.

 

3.  City Council direct the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, and the General Manager, Economic Development and Culture, to request that the parties enter into mediation at the Ontario Municipal Board to try to resolve the appeal.

 

4. City Council confirm that minor variance applications to allow uses not permitted in Employment Areas are inappropriate as they do not meet the general purpose and intent of the Official Plan and Zoning By-law.

 

5.  City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (January 28, 2016) from the City Solicitor.

 

6.  City Council direct that the recommendations contained in Confidential Attachment 1, including Appendix "A" to the report (January 28, 2016) from the City Solicitor be made public at the discretion of the City Solicitor and all other information contained in Confidential Attachment 1 to the report (January 28, 2016) from the City Solicitor remain confidential.

 

Confidential Attachment 1 to the report (January 28, 2016) 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 contains advice or communications that are subject to solicitor-client privilege and information on potential litigation that affects the City.  The recommendations contained in Confidential Attachment 1, including Appendix "A" to the report (January 28, 2016) from the City Solicitor will be made public at the discretion of the City Solicitor.

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on February 3, 2016, to consider 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 that affects the City or one of its agencies, boards, and commissions and advice or communications that are subject to solicitor-client privilege

Background Information (Committee)

(December 23, 2015) Report and Attachments 1 - 6 from the Chief Planner and Executive Director, City Planning on 170 and 194 Evans Avenue - Ontario Municipal Board Appeal - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2016/pg/bgrd/backgroundfile-87723.pdf

Background Information (City Council)

(January 28, 2016) Supplementary report from the City Solicitor on 170 and 194 Evans Avenue - Ontario Municipal Board Appeal - Further Request for Direction (PG9.3a)
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-88781.pdf
Confidential Attachment 1

Communications (Committee)

(January 19, 2016) Letter from Sidonia J. Loiacono, Aird & Berlis LLP, representing Transmetro Limited (PG.New.PG9.3.1)
https://www.toronto.ca/legdocs/mmis/2016/pg/comm/communicationfile-58426.pdf
(January 19, 2016) Letter from Lori Priolo, Principal, Phoenix Montessori School (PG.New.PG9.3.2)
https://www.toronto.ca/legdocs/mmis/2016/pg/comm/communicationfile-58371.pdf
(January 19, 2016) Letter from Al Brezina, Executive Director, South Etobicoke Industrial Employers' Association (SEIEA) (PG.New.PG9.3.3)
https://www.toronto.ca/legdocs/mmis/2016/pg/comm/communicationfile-58373.pdf

Communications (City Council)

(February 3, 2016) Petition from Councillor Mark Grimes, Ward 6, Etobicoke-Lakeshore headed "Let Phoenix Stay at 170 Evans Avenue", containing the names of approximately 930 persons, filed during the Routine Matters portion of the meeting (CC.New)

Motions (City Council)

Report of Committee of the Whole

February 3, 2016 at 6:57 a.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of item PG9.3 headed "170 and 190 Evans Avenue – Further Request for Direction Regarding OMB Hearing".  No motions were made during closed session. Council would now proceed to the public debate on this item.


1 - Motion to Amend Item (Additional) moved by Councillor Mark Grimes (Carried)

That City Council adopt the following recommendations contained in the supplementary report (January 28, 2016) from the City Solicitor [PG9.3]:

 

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

 

2.  The recommendations contained in Confidential Attachment 1, including Appendix "A", 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.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Feb-03-2016 7:19 PM

Result: Carried Majority Required - PG9.3 - Adopt the item as amended
Total members that voted Yes: 35 Members that voted Yes are Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, David Shiner, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 10 Members that were absent are Paul Ainslie, Michelle Berardinetti, Josh Colle, Frank Di Giorgio, Paula Fletcher, Rob Ford, Giorgio Mammoliti, Denzil Minnan-Wong, Jaye Robinson, Michael Thompson

Point of Privilege by Councillor Stephen Holyday

Councillor Holyday, rising on a Point of Privilege, stated that he wished to clarify a sentence in the staff report on Item PG9.3 which infers that he attended a community meeting with the applicant on this matter. Councillor Holyday advised that he attended a community meeting in January 2015 hosted by the Glen Agar Residents Association to discuss a proposed townhouse development at the 19 Glen Agar site.  Councillor Holyday further noted that Councillor Grimes should receive credit for his work on this matter.

PG9.3 - 170 and 194 Evans Avenue - Ontario Municipal Board Appeal - Request for Direction Report

Decision Type:
ACTION
Status:
Amended
Ward:
6 - Etobicoke-Lakeshore

Committee Recommendations

The Planning and Growth Management Committee recommends that:

 

1.  City Council authorize the City Solicitor to continue the City's appeal of the Etobicoke York Committee of Adjustment panel's approval of the Minor Variance application (A228/15EYK) for the lands municipally known as 170 and 194 Evans Avenue.

 

2.  City Council authorize the City Solicitor and necessary City staff to attend the Ontario Municipal Board hearing to oppose the Minor Variance decision as approved by the Committee of Adjustment.

 

3.  City Council direct the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, and the General Manager, Economic Development and Culture, to request that the parties enter into mediation at the Ontario Municipal Board to try to resolve the appeal.

 

4. City Council confirm that minor variance applications to allow uses not permitted in Employment Areas are inappropriate as they do not meet the general purpose and intent of the Official Plan and Zoning By-law.

Origin

(December 23, 2015) Report from the Chief Planner and Executive Director, City Planning

Summary

At its meeting on September 30, October 1 and 2, 2015, City Council referred Item EY8.76 (Ontario Municipal Board – 170 and 194 Evans Avenue Minor Variance Approval) to the Chief Planner and Executive Director, City Planning and directed the Chief Planner to report to the January 20, 2016 meeting of Planning and Growth Management Committee.

 

170 and 194 Evans Avenue is designated Employment Areas and zoned for employment uses.  In June 2015, the Committee of Adjustment approved an application to permit private school, day nursery and outdoor play area uses within the existing building on the site, as well as a reduced setback for parking for a period of twenty years, to June 2035. 

 

Both City Planning and Economic Development and Culture submitted reports to the Committee of Adjustment recommending that the application be refused.  Subsequent to the Committee's decision and in accordance with the standing direction (ED33.9, Recommendation No. 2) to appeal any Committee of Adjustment decision that does not conform with the Official Plan Employment Areas policies, the City Solicitor filed an appeal of the decision to the OMB.

 

A hearing date has not yet been scheduled.  On September 8, 2015, the school started its operations at the subject site.  It is staff's understanding that the day nursery is not yet in operation.

Background Information

(December 23, 2015) Report and Attachments 1 - 6 from the Chief Planner and Executive Director, City Planning on 170 and 194 Evans Avenue - Ontario Municipal Board Appeal - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2016/pg/bgrd/backgroundfile-87723.pdf

Communications

(January 19, 2016) Letter from Sidonia J. Loiacono, Aird & Berlis LLP, representing Transmetro Limited (PG.New.PG9.3.1)
https://www.toronto.ca/legdocs/mmis/2016/pg/comm/communicationfile-58426.pdf
(January 19, 2016) Letter from Lori Priolo, Principal, Phoenix Montessori School (PG.New.PG9.3.2)
https://www.toronto.ca/legdocs/mmis/2016/pg/comm/communicationfile-58371.pdf
(January 19, 2016) Letter from Al Brezina, Executive Director, South Etobicoke Industrial Employers' Association (SEIEA) (PG.New.PG9.3.3)
https://www.toronto.ca/legdocs/mmis/2016/pg/comm/communicationfile-58373.pdf

Speakers

David Hardy, Vice President, Industry & Government Relations, William F. White International
Laura Dean, Transmetro Limited
Lori Priolo, Principal, Phoenix Montessori School

Motions

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

That:

 

1.  City Council direct the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, and the General Manager, Economic Development and Culture, to request that the parties enter into mediation at the Ontario Municipal Board to try to resolve the appeal.

 

2. City Council confirm that minor variance applications to allow uses not permitted in Employment Areas are inappropriate as they do not meet the general purpose and intent of the Official Plan and Zoning By-law.


Motion to Adopt Item as Amended moved by Councillor David Shiner (Carried)
Source: Toronto City Clerk at www.toronto.ca/council