Item - 2017.EY23.73

Tracking Status

  • City Council considered this item on April 24, 2018 and received the item for information. No further action will be taken on this item.
  • City Council considered this item on March 26, 2018 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
  • City Council considered this item on January 31, 2018 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
  • City Council considered this item on November 7, 2017 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
  • City Council considered this item on October 2, 2017 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
  • City Council considered this item on July 4, 2017 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
  • This item was considered by Etobicoke York Community Council on June 13, 2017. It is being forwarded to City Council without recommendations. It will be considered by City Council on July 4, 2017.
  • See also Item EY25.40
  • See also Item EY28.3
  • See also Item EY29.54

EY23.73 - Draft Approval of Condominium - 2522-2542 Keele Street - Integrity, Transparency, Accountability and Fairness in the Planning Process

Decision Type:
ACTION
Status:
Received
Ward:
12 - York South-Weston

City Council Decision

City Council on April 24, 25, 26 and 27, 2018, received Item EY23.73 for information.

City Council Decision Advice and Other Information

City Council considered Items EY23.73, EY25.40, EY28.3 and EY29.54 together.

Background Information (Community Council)

(June 12, 2017) Letter from Councillor Frank Di Giorgio, Ward 12, York South-Weston - Draft Approval of Condominium at 2522-2542 Keele Street
https://www.toronto.ca/legdocs/mmis/2017/ey/bgrd/backgroundfile-105001.pdf

Background Information (City Council)

(June 22, 2017) Supplementary report from the Chief Planner and Executive Director, City Planning on 2522 - 2542 Keele Street (EY23.73a)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-113953.pdf

Communications (Community Council)

(June 8, 2017) Letter from Fred Domenelli (EY.New.EY23.73.1)
(June 8, 2017) Letter from Earnest Lustig (EY.New.EY23.73.2)

Communications (City Council)

(June 29, 2017) Letter from Ernie Lustig and Fred Dominelli (CC.New.EY23.73.3)
(November 6, 2017) Letter from Susan Rosenthal, Davies Howe LLP, on behalf of Mizen Holdings Corporation (CC.Supp.EY23.73.4)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-79510.pdf

Motions (City Council)

1 - Motion to Receive Item moved by Councillor Frank Di Giorgio (Carried)

That the item be received for information.

Vote (Receive Item) Apr-27-2018 11:42 AM

Result: Carried Majority Required - EY23.73 - Di Giorgio - motion 1 - Receive the item
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Mary Fragedakis
Total members that were Absent: 8 Members that were absent are Josh Colle, Joe Cressy, Vincent Crisanti, Justin J. Di Ciano, Mark Grimes, Norman Kelly, Giorgio Mammoliti, David Shiner

EY23.73 - Draft Approval of Condominium - 2522-2542 Keele Street - Integrity, Transparency, Accountability and Fairness in the Planning Process

Decision Type:
ACTION
Status:
Deferred
Ward:
12 - York South-Weston

City Council Decision

City Council on March 26 and 27, 2018, deferred consideration of Item EY23.73 to the April 24, 25 and 26, 2018 meeting of City Council.

City Council Decision Advice and Other Information

City Council considered Items EY23.73, EY25.40 and EY28.3 together.

Background Information (Community Council)

(June 12, 2017) Letter from Councillor Frank Di Giorgio, Ward 12, York South-Weston - Draft Approval of Condominium at 2522-2542 Keele Street
https://www.toronto.ca/legdocs/mmis/2017/ey/bgrd/backgroundfile-105001.pdf

Background Information (City Council)

(June 22, 2017) Supplementary report from the Chief Planner and Executive Director, City Planning on 2522 - 2542 Keele Street (EY23.73a)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-112949.pdf

Communications (Community Council)

(June 8, 2017) Letter from Fred Domenelli (EY.New.EY23.73.1)
(June 8, 2017) Letter from Earnest Lustig (EY.New.EY23.73.2)

Communications (City Council)

(June 29, 2017) Letter from Ernie Lustig and Fred Dominelli (CC.New.EY23.73.3)
(November 6, 2017) Letter from Susan Rosenthal, Davies Howe LLP, on behalf of Mizen Holdings Corporation (CC.Supp.EY23.73.4)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-79029.pdf

Motions (City Council)

1 - Motion to Defer Item moved by Councillor Frank Di Giorgio (Carried)

That consideration of Items EY23.73, EY25.40 and EY28.3 be deferred until the April 24, 25 and 26, 2018 meeting of City Council.

EY23.73 - Draft Approval of Condominium - 2522-2542 Keele Street - Integrity, Transparency, Accountability and Fairness in the Planning Process

Decision Type:
ACTION
Status:
Deferred
Ward:
12 - York South-Weston

City Council Decision

City Council on January 31 and February 1, 2018, deferred Item EY23.73 to the March 26, 27 and 28, 2018 City Council meeting.

City Council Decision Advice and Other Information

City Council considered Items EY23.73 and EY25.40 together.

Background Information (Community Council)

(June 12, 2017) Letter from Councillor Frank Di Giorgio, Ward 12, York South-Weston - Draft Approval of Condominium at 2522-2542 Keele Street
https://www.toronto.ca/legdocs/mmis/2017/ey/bgrd/backgroundfile-105001.pdf

Background Information (City Council)

(June 22, 2017) Supplementary report from the Chief Planner and Executive Director, City Planning on 2522 - 2542 Keele Street (EY23.73a)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-110681.pdf

Communications (Community Council)

(June 8, 2017) Letter from Fred Domenelli (EY.New.EY23.73.1)
(June 8, 2017) Letter from Earnest Lustig (EY.New.EY23.73.2)

Communications (City Council)

(June 29, 2017) Letter from Ernie Lustig and Fred Dominelli (CC.New.EY23.73.3)
(November 6, 2017) Letter from Susan Rosenthal, Davies Howe LLP, on behalf of Mizen Holdings Corporation (CC.Supp.EY23.73.4)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-74763.pdf

Motions (City Council)

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

That City Council defer consideration of this Item to the March 26, 27 and 28, 2018 meeting of City Council.

Vote (Defer Item) Jan-31-2018 6:36 PM

Result: Carried Majority Required - EY23.73 - Grimes - motion 1 - Defer the item
Total members that voted Yes: 29 Members that voted Yes are Paul Ainslie, Maria Augimeri, Christin Carmichael Greb, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 16 Members that were absent are Ana Bail„o, Jon Burnside, John Campbell, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Justin J. Di Ciano, Frank Di Giorgio, Norman Kelly, Chin Lee, Giorgio Mammoliti, Joe Mihevc, Cesar Palacio, Jaye Robinson, Kristyn Wong-Tam

EY23.73 - Draft Approval of Condominium - 2522-2542 Keele Street - Integrity, Transparency, Accountability and Fairness in the Planning Process

Decision Type:
ACTION
Status:
Deferred
Ward:
12 - York South-Weston

City Council Decision

City Council on November 7, 8 and 9, 2017, deferred Item EY23.73 until the January 31, February 1 and 2, 2018 meeting of City Council.

City Council Decision Advice and Other Information

City Council considered Items EY23.73 and EY25.40 together.

Background Information (Community Council)

(June 12, 2017) Letter from Councillor Frank Di Giorgio, Ward 12, York South-Weston - Draft Approval of Condominium at 2522-2542 Keele Street
https://www.toronto.ca/legdocs/mmis/2017/ey/bgrd/backgroundfile-105001.pdf

Background Information (City Council)

(June 22, 2017) Supplementary report from the Chief Planner and Executive Director, City Planning on 2522 - 2542 Keele Street (EY23.73a)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-107963.pdf

Communications (Community Council)

(June 8, 2017) Letter from Fred Domenelli (EY.New.EY23.73.1)
(June 8, 2017) Letter from Earnest Lustig (EY.New.EY23.73.2)

Communications (City Council)

(June 29, 2017) Letter from Ernie Lustig and Fred Dominelli (CC.New.EY23.73.3)
(November 6, 2017) Letter from Susan Rosenthal, Davies Howe LLP, on behalf of Mizen Holdings Corporation (CC.Supp.EY23.73.4)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-73408.pdf

Motions (City Council)

1 - Motion to Defer Item moved by Councillor Frank Di Giorgio (Carried)

That consideration of Items EY23.73 and EY25.40 be deferred until the January 31, February 1 and 2, 2018 meeting of City Council.

Vote (Defer Item) Nov-08-2017 2:19 PM

Result: Carried Majority Required - EY23.73 - Di Giorgio - motion 1 - Defer the item
Total members that voted Yes: 41 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 4 Members that were absent are Shelley Carroll, Joe Cressy, Michelle Holland, Michael Thompson

EY23.73 - Draft Approval of Condominium - 2522-2542 Keele Street - Integrity, Transparency, Accountability and Fairness in the Planning Process

Decision Type:
ACTION
Status:
Deferred
Ward:
12 - York South-Weston

City Council Decision

City Council on October 2, 3 and 4, 2017, deferred Item EY23.73 to the November 7, 8 and 9, 2017 meeting of City Council.

Background Information (Community Council)

(June 12, 2017) Letter from Councillor Frank Di Giorgio, Ward 12, York South-Weston - Draft Approval of Condominium at 2522-2542 Keele Street
https://www.toronto.ca/legdocs/mmis/2017/ey/bgrd/backgroundfile-105001.pdf

Background Information (City Council)

(June 22, 2017) Supplementary report from the Chief Planner and Executive Director, City Planning on 2522 - 2542 Keele Street (EY23.73a)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-105861.pdf

Communications (Community Council)

(June 8, 2017) Letter from Fred Domenelli (EY.New.EY23.73.1)
(June 8, 2017) Letter from Earnest Lustig (EY.New.EY23.73.2)

Communications (City Council)

(June 29, 2017) Letter from Ernie Lustig and Fred Dominelli (CC.New.EY23.73.3)

Motions (City Council)

1 - Motion to Defer Item moved by Councillor Frank Di Giorgio (Carried)

That City Council defer consideration of the Item to the November 7, 8 and 9, 2017 meeting of City Council.

EY23.73 - Draft Approval of Condominium - 2522-2542 Keele Street - Integrity, Transparency, Accountability and Fairness in the Planning Process

Decision Type:
ACTION
Status:
Deferred
Ward:
12 - York South-Weston

City Council Decision

City Council on July 4, 5 and 6, 2017, deferred Item EY23.73 to the October 2, 3 and 4, 2017 Council meeting or to a special meeting to be called by the Mayor.

Background Information (Community Council)

(June 12, 2017) Letter from Councillor Frank Di Giorgio, Ward 12, York South-Weston - Draft Approval of Condominium at 2522-2542 Keele Street
https://www.toronto.ca/legdocs/mmis/2017/ey/bgrd/backgroundfile-105001.pdf

Background Information (City Council)

(June 22, 2017) Supplementary report from the Chief Planner and Executive Director, City Planning on 2522 - 2542 Keele Street (EY23.73a)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-105501.pdf

Communications (Community Council)

(June 8, 2017) Letter from Fred Domenelli (EY.New.EY23.73.1)
(June 8, 2017) Letter from Earnest Lustig (EY.New.EY23.73.2)

Communications (City Council)

(June 29, 2017) Letter from Ernie Lustig and Fred Dominelli (CC.New.EY23.73.3)

Motions (City Council)

1 - Motion to Defer Item moved by Mayor John Tory (Carried)

That City Council defer consideration of this Item remaining on the agenda to the October 2, 3 and 4, 2017 Council meeting or to a special meeting to be called by the Mayor.

EY23.73 - Draft Approval of Condominium - 2522-2542 Keele Street - Integrity, Transparency, Accountability and Fairness in the Planning Process

Decision Type:
ACTION
Status:
Without Recs
Ward:
12 - York South-Weston

Community Council Recommendations

Etobicoke York Community Council submits this Item to City Council without recommendation.

Decision Advice and Other Information

Etobicoke York Community Council:

 

1.  Requested the Director, Community Planning, Etobicoke York District, to determine whether the March 9, 2017 decision of the Ontario Municipal Board implements a zoning amendment that includes Section 37 public benefits in violation of the Board Order of August 27, 2013, and report directly to City Council for its July 4, 2017 meeting.

 

2.  Requested the Chief Building Official to review and give consideration to revoking the unconditional building permit issued on March 17, 2017, on the basis of error, and that a report on the review be submitted to the September 6, 2017 meeting of the Etobicoke York Community Council.

Origin

(June 12, 2017) Letter from Councillor Frank Di Giorgio, Ward 12, York South-Weston

Summary

I am writing to convey my discontent on behalf of my community and myself as the local councillor on the bizarre planning process followed to evaluate the development proposal at the subject site.  Briefly stated, the outcome of the planning process at the subject site is unfair, unreasonable, irrational and unjust.

 

While there are safeguards in place under the Planning Act and The City of Toronto Act to protect against violation of due process, it appears that the safeguards are surmountable using sophisticated planning.  Sophisticated planning is vulnerable to procedural defects, errors, omissions and greed.  Against this general backdrop and specific circumstances, I have bumped up the final site plan approval to Community Council meeting of June 13, 2017 consistent with the referral of the original application to Community Council meeting of September 10, 2013.

 

Adherence to procedural rules is a matter of law and the procedural rules must be followed before the merits of the proposal can be heard.  Accordingly, I am concerned that the approval of the condominium registration will nullify the attached outstanding community appeals related to the subject site and deem them redundant and reflective of the disrespect for the involvement of my community under due process.

 

Additionally, the development proposal at the subject site fails to satisfy two rules or tests.  Essentially, the proposal fails the test of full disclosure under the Planning Act that requires clear communication that is transparent and ensures the appropriate and reliable involvement of impacted members of the public in accordance with the Official Plan.  As well, the proposal fails the test of NO Sec.37 public benefits consistent with the original decision of the OMB issued on Aug. 27, 2013, based on what constitutes a community benefit under the Official Plan.

 

It is noteworthy that all Provincial Acts applicable to the planning process including the Building Code Act and the Condominium Act must work together to achieve the transparency, accountability and integrity of the planning process.  In that context, I am requesting that Council scrutinize the subject application on draft approval of condominium registration and adopt my recommendations to achieve reasonable and equitable results.

Background Information

(June 12, 2017) Letter from Councillor Frank Di Giorgio, Ward 12, York South-Weston - Draft Approval of Condominium at 2522-2542 Keele Street
https://www.toronto.ca/legdocs/mmis/2017/ey/bgrd/backgroundfile-105001.pdf

Communications

(June 8, 2017) Letter from Fred Domenelli (EY.New.EY23.73.1)
(June 8, 2017) Letter from Earnest Lustig (EY.New.EY23.73.2)

Motions

Motion to Add New Business at Committee (Carried)

1 - Motion to Amend Item moved by Councillor Frank Di Giorgio (Amended)

A.  That Etobicoke York Community Council recommend that City Council defer consideration of the draft plan of condominium registration for 2522-2542 Keele Street until:

 

-  the City receives written confirmation that the residential condominium does not exceed 10,000 sq. m.

 

-  the City receives the necessary agreements required to permit shared facilities or services by the residential condominium and the remnant portion of the building.

 

B.  That Etobicoke York Community Council request the Chief Building Official to review and give consideration to revoking the unconditional building permit issued on March 17, 2017, on the basis of error, and that a report on the review be submitted to the September 6, 2017 meeting of the Community Council.

 

C.  That Etobicoke York Community Council request the Director, Community Planning, Etobicoke York District to determine whether the March 9, 2017 decision of the Ontario Municipal Board implements a zoning amendment that includes Section 37 public benefits in violation of the Board Order of August 27, 2013, and report directly to City Council for its July 4, 2017 meeting.

 

(The Chair ruled Part A of this motion out of order. Parts B and C carried.)


Motion to Adopt Item as Amended (Carried)

Rulings

Ruling by Councillor Mark Grimes (Upheld)
Chair Grimes ruled part A of motion 1 by Councillor Di Giorgio out of order. The deferral conditions may not be satisfied and as a result, Council would not have the opportunity to make a decision on this application and it would be deferred indefinitely.
Challenged by Councillor Frank Di Giorgio

Vote Jun-13-2017

Result: Carried Majority Required - EY23.73 - Vote to uphold the ruling of the Chair.
Total members that voted Yes: 5 Members that voted Yes are John Campbell, Justin J. Di Ciano, Mark Grimes (Chair), Frances Nunziata, Cesar Palacio
Total members that voted No: 4 Members that voted No are Frank Di Giorgio, Michael Ford, Stephen Holyday, Giorgio Mammoliti
Total members that were Absent: 2 Members that were absent are Vincent Crisanti, Sarah Doucette

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