Item - 2016.TE17.18

Tracking Status

  • City Council adopted this item on July 12, 2016 with amendments.
  • This item was considered by Toronto and East York Community Council on June 14, 2016. It is being forwarded to City Council without recommendations. It will be considered by City Council on July 12, 2016.

TE17.18 - Request for Direction Report - 411 Church Street - Zoning Amendment Application

Decision Type:
ACTION
Status:
Amended
Ward:
27 - Toronto Centre-Rosedale

City Council Decision

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

 

1.  City Council adopt the Confidential Recommendation contained in Confidential Attachment 1 to the supplementary report (July 4, 2016) from the Interim City Solicitor.

 

2.  City Council direct that the Confidential Recommendations contained in Confidential Attachment 1 to the supplementary report (July 4, 2016) from the Interim City Solicitor be made public and City Council direct that the balance of Confidential Attachment 1 to the supplementary report (July 4, 2016) from the Interim City Solicitor remain confidential.  

 

The following confidential recommendation contained in Confidential Attachment 1 to the supplementary report (July 4, 2016) from the Interim City Solicitor was adopted by City Council and is now public:

  

1. City Council not accept the community benefits contribution proposed by the applicant under Section 37 of the Planning Act and made conditional upon acceptance by the City of the applicant's proposal as revised on April 27, 2016.

 

3.  City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, and consultants, as deemed necessary, to oppose the applicant's appeal respecting the Zoning By-law Amendment application for 411 Church Street and attend the Ontario Municipal Board hearing in opposition to such appeal.

 

4.  City Council request the Ontario Municipal Board to secure, subject to the terms satisfactory to the City Solicitor, the following services, facilities or matters pursuant to Section 37 of the Planning Act, should the current proposal be approved by the Ontario Municipal Board:

 

a.  Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution to the City in the amount of $2,750,000 which will be used by the City to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, for one or more of the following:

 

i.  $500,000 for new and existing community, cultural and/or school spaces in Ward 27; and

 

ii.  $2,250,000 for local parks and streetscape improvements in Ward 27.

 

b.  Within ten (10) days of the zoning by-law amendment becoming final and binding, the owner shall provide an additional cash contribution of $500,000 toward the City's Capital Revolving Fund for Affordable Housing for the purpose of maintaining and constructing affordable rental units in Ward 27, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor.

 

5.  City Council authorize the City Solicitor and City Planning in consultation with the local Councillor to secure services, facilities or matters pursuant to Section 37 of the Planning Act as may be required by the Chief Planner and Executive Director, City Planning should a different form of the  proposal be approved by the Ontario Municipal Board.

 

6.  City Council authorize City staff to continue discussions with the applicant on a revised proposal which addresses the issues set out in the supplementary report ( July 10, 2016) from the Chief Planner and Executive Director, City Planning.

 

7.  City Council authorize the City Solicitor to request the Ontario Municipal Board, in the event the zoning by-law is approved, to withhold its final order until the following matters are addressed:

 

a.  the owner shall revise the Functional Servicing Report and the Stormwater Management Report to address the matters discussed in the letter dated June 13, 2016 from Engineering and Construction Services, to the satisfaction of the Executive Director, Engineering and Construction Services;

 

b.  the owner shall address Toronto Water's comments regarding groundwater issues discussed in the letter dated June 13, 2016 to the applicant, to the satisfaction of Toronto Water and the Executive Director, Engineering and Construction Services.; and

 

c.  the owner shall enter into an agreement with the City, where the owner agrees to pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades are required to the infrastructure to support this development. 

 

The balance of Confidential Attachment 1 to the supplementary report (July 4, 2016) from the Interim City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communication that is subject to solicitor-client privilege and it contains information regarding litigation.

Confidential Attachment - The receiving of advice or communication that is subject to solicitor-client privilege and information regarding litigation

Background Information (Community Council)

(May 24, 2016) Report from the Director, Community Planning, Toronto and East York District - 411 Church Street - Zoning Amendment Application - Request for Directions Report
https://www.toronto.ca/legdocs/mmis/2016/te/bgrd/backgroundfile-93526.pdf

Background Information (City Council)

(July 4, 2016) Supplementary report from the Interim City Solicitor on 411 Church Street - Proposed Zoning By-law Amendment Application - Request for Directions (TE17.18a)
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-94907.pdf
Confidential Attachment 1
(July 10, 2016) Supplementary report from the Chief Planner and Executive Director, City Planning on 411 Church Street - Zoning Amendment Application (TE17.18b)
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-95005.pdf

Communications (Community Council)

(June 13, 2016) Letter from Michael Shelley (TE.Supp.TE17.18.1)
(June 14, 2016) E-mail from Adam A. Budzan (TE.Supp.TE17.18.2)

Communications (City Council)

(June 15, 2016) E-mail from Hector Gallardo (CC.Main.TE17.18.3)

Motions (City Council)

1a - Motion to Amend Item moved by Councillor Kristyn Wong-Tam (Carried)

That City Council adopt the following recommendations contained in the supplementary report (July 4, 2016) from the Interim City Solicitor [TE17.18a]:

 

1.  City 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 end of the Council meeting if adopted. All other information contained in Confidential Attachment 1 is to remain confidential. 

Vote (Amend Item) Jul-14-2016 7:51 PM

Result: Carried Majority Required - TE17.18 - Wong Tam - motion 1a
Total members that voted Yes: 34 Members that voted Yes are 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, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, 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, Maria Augimeri, Josh Colle, Justin J. Di Ciano, Jim Karygiannis, Pam McConnell, Ron Moeser, Cesar Palacio, Michael Thompson, John Tory

1b - Motion to Adopt Item as Amended moved by Councillor Kristyn Wong-Tam (Carried)

That City Council adopt the recommendations contained in the supplementary report (July 10, 2016) from the Chief Planner and Executive Director, City Planning [TE17.18b], amended as follows:

 

1.  City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, and consultants, as deemed necessary, to oppose the applicant's appeal respecting the Zoning By-law Amendment application for 411 Church Street and attend the Ontario Municipal Board hearing in opposition to such appeal.

 

2.  City Council request the Ontario Municipal Board to secure, subject to the terms satisfactory to the City Solicitor, the following services, facilities or matters pursuant to Section 37 of the Planning Act, should the current proposal be approved by the Ontario Municipal Board:

 

a.  Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution to the City in the amount of $2,750,000 which will be used by the City to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor, for one or more of the following:

 

i.  $500,000 for new and existing community, cultural and/or school spaces in Ward 27; and

 

ii.  $2,250,000 for local parks and streetscape improvements in Ward 27.

 

b.  Within ten (10) days of the zoning by-law amendment becoming final and binding, the owner shall provide an additional cash contribution of $500,000 toward the City's Capital Revolving Fund for Affordable Housing for the purpose of maintaining and constructing affordable rental units in Ward 27, as determined by the Chief Planner and Executive Director, City Planning Division, in consultation with the local Councillor.

 

3.  City Council authorize the City Solicitor and City Planning in consultation with the local Councillor to secure services, facilities or matters pursuant to Section 37 of the Planning Act as may be required by the Chief Planner should a different form of the  proposal be approved by the Ontario Municipal Board.

 

4.  City Council authorize City staff to continue discussions with the applicant on a revised proposal which addresses the issues set out in this report.

 

5.  City Council authorize the City Solicitor to request the Ontario Municipal Board, in the event the zoning by-law is approved, to withhold its final order until the following matters are addressed:

 

a.  The owner shall revise the Functional Servicing Report and the Stormwater Management Report to address the matters discussed in the letter dated June 13, 2016 from Engineering and Construction Services, to the satisfaction of the Executive Director, Engineering and Construction Services.

 

b.  The owner shall address Toronto Water's comments regarding groundwater issues discussed in the letter dated June 13, 2016 to the applicant, to the satisfaction of Toronto Water and the Executive Director, Engineering and Construction Services.

 

c.  The owner shall enter into an agreement with the City, where the owner agrees to pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades are required to the infrastructure to support this development. 

Vote (Adopt Item as Amended) Jul-14-2016 7:52 PM

Result: Carried Majority Required - TE17.18 - Wong Tam - motion 1b
Total members that voted Yes: 33 Members that voted Yes are 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, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Mark Grimes, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Paula Fletcher
Total members that were Absent: 10 Members that were absent are Paul Ainslie, Maria Augimeri, Josh Colle, Justin J. Di Ciano, Jim Karygiannis, Pam McConnell, Ron Moeser, Cesar Palacio, Michael Thompson, John Tory

TE17.18 - Request for Direction Report - 411 Church Street - Zoning Amendment Application

Decision Type:
ACTION
Status:
Without Recs
Ward:
27 - Toronto Centre-Rosedale

Community Council Recommendations

The Toronto and East York Community Council submits the Item to City Council without recommendation.

Decision Advice and Other Information

The Director, Community Planning, Toronto and East York District will report directly to City Council at its meeting on July 12 and 13, 2016.

Origin

(May 24, 2016) Report from the Director, Community Planning, Toronto and East York District

Summary

The applicant has referred the Zoning By-law Amendment application to the Ontario Municipal Board due to Council's failure to make a decision on the application within the time prescribed by the Planning Act.  A pre-hearing conference is scheduled for August 22, 2016.  A hearing date has not been set but is expected to be scheduled for late 2016 or early 2017.

 

A revised Zoning By-law Amendment application has been submitted to permit a 38-storey residential building, including a 6-storey base building with ground floor retail space fronting Church Street.  The original submission was to permit a 45-storey residential building, including a 7-storey base with commercial and retail uses.  Parking would be provided in an underground parking garage.

 

The revised 38-storey proposal has been shared with representatives of the Church Wellesley Neighbourhood Association, Toronto District School Board, and the parents of the Church Street Junior Public School.  City staff will be available for additional consultation, as necessary, prior to forwarding a Request for Directions Report to City Council.

 

A Request for Directions report is being prepared and will be submitted to City Council on July 12 and 13, 2016.

Background Information

(May 24, 2016) Report from the Director, Community Planning, Toronto and East York District - 411 Church Street - Zoning Amendment Application - Request for Directions Report
https://www.toronto.ca/legdocs/mmis/2016/te/bgrd/backgroundfile-93526.pdf

Communications

(June 13, 2016) Letter from Michael Shelley (TE.Supp.TE17.18.1)
(June 14, 2016) E-mail from Adam A. Budzan (TE.Supp.TE17.18.2)

Speakers

Leanne Feder
Adam Brown, Lawyer, Sherman Brown

Motions

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