Item - 2016.TE20.15

Tracking Status

TE20.15 - Request for Direction Report - 46 to 54 Power Street and 113 to 135 Parliament Street - Zoning Amendment Application

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

City Council Decision

City Council on December 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 (December 13, 2016) from the City Solicitor.

 

2. City Council authorize the public release of the confidential instructions to staff contained in Confidential Attachment 1 to the supplementary report (December 13, 2016) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the supplementary report (December 13, 2016) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

 

3.  City Council approve the installation of traffic control signals at the intersections of Power Street and Richmond Street east, and Power Street and Adelaide Street East at no additional cost to the Transportation Services Budget.

 

The following confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 13, 2016) from the City Solicitor were adopted by City Council and are now public:

 

1. City Council instruct the City Solicitor to settle the appeals of Zoning Bylaw Amendment application (File No. 13 181685 STE 28 OZ) in accordance with the terms set out in the December 14, 2016 settlement offer from Aird & Berlis.

 

2. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the above-base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation.  The development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the above-base park improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

 

3. City Council authorize the appropriate officials to enter into a limiting distance agreement with the owner in relation to a portion of the new parkland adjacent to the development, in exchange for the owner maintaining the parkland, subject to the Chief Corporate Officer being satisfied that the value of the parkland maintenance is equal to or greater than the value of the limiting distance area, or the owner paying the difference between the value of the parkland maintenance and the limiting distance area, if any, or the owner paying the full fair market value for the limiting distance area.

 

The balance of Confidential Attachment 1 to the supplementary report (December 13, 2016) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as contains advice that is subject to solicitor-client privilege.

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege

Background Information (Community Council)

(October 25, 2016) Report and Attachments 1 - 6 from the Director, Community Planning, Toronto and East York District - 46 to 54 Power Street and 113 to 135 Parliament Street - Zoning Amendment Application - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2016/te/bgrd/backgroundfile-97880.pdf

Background Information (City Council)

(December 13, 2016) Supplementary report from the City Solicitor on 48-54 Power Street and 113-135 Parliament Street - Settlement Offer (TE20.15a)
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-99254.pdf
(November 22, 2016) Public Attachment 1 - Original Offer from Aird & Berlis LLP
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-99272.pdf
(December 14, 2016) Public Attachment 2 - Settlement Offer from Aird & Berlis LLP
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-99273.pdf
(December 2, 2016) Public Attachment 3 - Settlement Plans
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-99255.pdf
Confidential Attachment 1

Motions (City Council)

1a - Motion to Amend Item (Additional) moved by Councillor Pam McConnell (Carried)

That City Council approve the installation of traffic control signals at the intersections of Power Street and Richmond Street east, and Power Street and Adelaide Street East at no additional cost to the Transportation Services Budget.

Vote (Amend Item (Additional)) Dec-15-2016 2:16 PM

Result: Carried Majority Required - TE20.15 - McConnell - motion 1a
Total members that voted Yes: 31 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Gary Crawford, Joe Cressy, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Jim Karygiannis, Norman Kelly, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory
Total members that voted No: 4 Members that voted No are John Campbell, Michael Ford, Stephen Holyday, Denzil Minnan-Wong
Total members that were Absent: 9 Members that were absent are Shelley Carroll, Josh Colle, Vincent Crisanti, Janet Davis, Michelle Holland, Mike Layton, Ron Moeser, James Pasternak, Kristyn Wong-Tam

1b - Motion to Adopt Item as Amended moved by Councillor Pam McConnell (Carried)

That City Council adopt the following recommendations contained in the supplementary report (December 13, 2016) from the City Solicitor [TE20.15a]:

 

1. City Council delete the recommendation of the Toronto and East York Community Council and adopt the confidential instructions to staff as contained in the Confidential Attachment.

 

2. City Council authorize the public release of the recommendations contained in the Confidential Attachment, if adopted by City Council, but direct that the remainder of the Confidential Attachment remain confidential, as it contains advice which is subject to solicitor-client privilege.

Vote (Adopt Item as Amended) Dec-15-2016 2:14 PM

Result: Carried Majority Required - TE20.15 - McConnell - motion 1b - Adopt the item as amended
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Joe Cressy, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, John Tory
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 10 Members that were absent are Shelley Carroll, Josh Colle, Vincent Crisanti, Janet Davis, Michelle Holland, Mike Layton, Ron Moeser, James Pasternak, Anthony Perruzza, Kristyn Wong-Tam

TE20.15 - Request for Direction Report - 46 to 54 Power Street and 113 to 135 Parliament Street - Zoning Amendment Application

Decision Type:
ACTION
Status:
Adopted
Ward:
28 - Toronto Centre-Rosedale

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.  City Council authorize the City Solicitor, together with City Planning staff and other appropriate staff, to oppose the Zoning By-law amendment application for 46 to 54 Power Street and 113 to 135 Parliament Street (File no. 13 181685 STE 28 OZ), and to attend any Ontario Municipal Board hearings in opposition to such appeal, and retain such experts as the City Solicitor may determine are appropriate.

 

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 (October 25, 2016) from the Director, Community Planning, Toronto and East York District.

 

3.  In the event the Ontario Municipal Board allows the appeal, City Council authorize City staff to advise the Ontario Municipal Board of City Council's position that any redevelopment of the lands must also include the full replacement of the 15 existing rental dwelling units and a Tenant Relocation and Assistance Plan, including the right of tenants to return to the new rental units in accordance with the Official Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning.

 

4.  City Council defer making a decision on the application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act to demolish the 15 existing residential rental dwelling units at 125 Parliament Street and 50 Power Street (File no. 13 181698 STE 27 RH), until such time as a decision is made on the Zoning By-law Amendment application and a Tenant Consultation meeting has been held.

 

5.  In the event the Ontario Municipal Board allows the appeal in whole or in part, that on-site parkland dedication of approximately 418.7 square metres pursuant to Section 42 of the Planning Act be required by City Council to be conveyed and constructed to base-park condition at no cost to the City, all to the satisfaction of the General Manager, Parks, Forestry and Recreation.

 

6.  In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold its final Order approving the Zoning By-law Amendment until:

 

i.  the owner enters into an Agreement under Section 37 of the Planning Act to secure appropriate services, facilities, and/or matters pursuant to Section 37 of the Planning Act as may be required by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and,

 

ii.  the following matters are also recommended to be secured for the development in the Section 37 Agreement as a legal convenience: 

 

a.  the requirement to construct the Above Base Park improvements; and,

b.  any conditions of a Council-approved Section 111 permit and any associated conditions related to the permit.

 

7.  In the event the Ontario Municipal Board allows the appeal, City Council authorize the City Solicitor, to request the Ontario Municipal Board to withhold its final order until a revised functional servicing report and a hydrogeological report have been submitted and reviewed to the satisfaction of the Executive Director, Engineering and Construction Services.

 

8.  City Council authorize the City Solicitor and other City staff to take any necessary steps to implement the foregoing.

Origin

(October 25, 2016) Report from the Director, Community Planning, Toronto and East York District

Summary

The purpose of this report is to request direction from City Council on the pending Ontario Municipal Board (OMB) hearing on the application for a Zoning By-law amendment at 46-54 Power Street and 113-135 Parliament Street.  The application proposes a 22-storey building consisting of a 4-storey base building and an 18-storey ‘inverted C’ shaped slab tower.  The proposal consists of: 532 residential dwelling units, of which 15 are rental replacement units; 6,187 square metres of retail space; 499 vehicular parking spaces; and 606 bicycle parking spaces.

 

The proposal's height and massing does not fit within its existing and planned context as required by the Official Plan and the King-Parliament Secondary Plan. Other issues include the size of the retail units, the location of the vehicular and loading accesses and outstanding functional servicing matters.

 

On June 2, 2016, the rezoning application was appealed to the OMB by the applicant pursuant to Section 34(11) of the Planning Act due to the City not making a decision within 120 days of submission of a complete application.  It is recommended that the City oppose the application in its current form at the OMB.  It is also recommended that staff continue discussions with the applicant to achieve revisions to the proposal that address the issues identified in this report.

 

A Rental Housing Demolition and Conversion application, file no.  13 181698 STE 27 RH, was submitted under Section 111 of the City of Toronto Act to demolish 15 rental housing units at 125 Parliament Street and 50 Power Street pursuant to Chapter 667 of the Toronto Municipal Code and was reviewed concurrently with the Zoning By-law amendment application.  The City's decision on the Rental Demolition & Conversion application is not subject to an appeal to the OMB.

Background Information

(October 25, 2016) Report and Attachments 1 - 6 from the Director, Community Planning, Toronto and East York District - 46 to 54 Power Street and 113 to 135 Parliament Street - Zoning Amendment Application - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2016/te/bgrd/backgroundfile-97880.pdf

Motions

Motion to Adopt Item moved by Councillor Pam McConnell (Carried)
Source: Toronto City Clerk at www.toronto.ca/council