Item - 2017.MM27.8

Tracking Status

MM27.8 - 18 - 30 Erskine Avenue - Zoning By-law Amendment - Request for Authorization For the Public Release of Confidential Documents from Items MM8.54 and CC11.2 - by Councillor Jaye Robinson, seconded by Councillor John Campbell

Decision Type:
ACTION
Status:
Adopted
Ward:
25 - Don Valley West

City Council Decision

City Council on March 28 and 29, 2017, adopted the following:

 

1.  City Council authorize the public release of the following confidential documents from Item MM8.54:
 

a.  The confidential instructions to staff adopted by City Council; and
 

b.  Confidential Attachment 1, including all Appendices, to the report (July 9, 2015) from the City Solicitor.
 

2.  City Council authorize the public release of the following confidential documents from Item CC11.2:
 

a.  Confidential Attachment 1, including all Appendices, to the report (November 16, 2015) from the City Solicitor.

 

The following confidential instructions to staff previously adopted by City Council on Item MM8.54 are now public: 

1. City Council direct the City Solicitor to reject the settlement offer and present the "Without Prejudice Counter Offer to Settle" contained in Attachment 1 to the instructions adopted by City Council.

 

2. If the Counter Offer is not accepted, City Council:

 

a. instruct the City Solicitor to request an adjournment of the hearing set to commence on August 11, 2015;

 

b. if the request for an adjournment is not accepted, instruct the City Solicitor to request that the hearing set to commence on August 11, 2015 be transformed into a prehearing and a mediation session with the applicant, school community and interested neighbourhood parties; and

 

c. if the Ontario Municipal Board holds a mediation session, City Council authorize the City Solicitor to settle the applicant's appeal on such basis as is reasonable arising from the mediation, in the opinion of the City Solicitor and the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor.

 

3. If the counter offer is not accepted, and no adjournment or mediation session is granted, City Council instruct the City Solicitor and any other City staff, as appropriate, to attend the Ontario Municipal Board hearing in opposition to the proposal in its current form and authorize the City Solicitor to retain outside experts as necessary.

 

4. In the event that the Ontario Municipal Board allows the appeal on the Zoning By-law Amendment application in whole or in part, City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold its Order until such time as:

 

a. an appropriate Zoning By-law amendment is prepared to the satisfaction of the Director, Community Planning, North York District and the City Solicitor;

 

b. the Owner has entered into an agreement with the City to secure community benefits pursuant to Section 37 of the Planning Act to the satisfaction of the Director, Community Planning, North York District and the City Solicitor, in consultation with the Ward Councillor; and

 

c. the Board has been advised by the City Solicitor that the City's Notice of Approval Conditions has been finalized.

 

5. In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold any final orders approving a Zoning By-law Amendment until approval has been granted for the demolition under Chapter 667 pursuant to Section 111 of the City of Toronto Act for the demolition of 6 residential rental dwelling units on the site and secure a Tenant Relocation and Assistance Plan through Section 37 of the Planning Act to the satisfaction of the Chief Planner and Executive Director, City Planning.

 

6. In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct staff to request that the Board withhold any order to approve a Zoning By-law Amendment for the subject lands until such time as the City and the owner have presented a draft by-law to the Board that provides for securing the rental housing matters as outlined in Recommendation 5 in the report (June 30, 2015) from the Chief Planner and Executive Director, City Planning and a Section 37 Agreement incorporating these matters has been executed.

 

Attachment 1 to the Instructions previously adopted by City Council on Item MM8.54

 

Without Prejudice Counter Offer to Settle

 

Accept the "Without Prejudice Offer to Settle" dated July 3, 2015 from Adam J. Brown with the following modifications:

 

1. Reduce the height of the tower to a midrise height (maximum 12 stories).
 

2. Maintain at-grade podium and tower setbacks of at least:
 

a. 7.5 metres to the south; and
 

b. 5.0 metres to north, east and west.
 

3. No above-grade parking.
 

4. Make such other modifications as are recommended by City Planning staff as found in Appendix 3 attached to the confidential report (July 9, 2015) from the City Solicitor, so long as they do not conflict with 1, 2 or 3 above.
 

5. A Section 37 Contribution in an amount satisfactory to the Chief Planner and Executive Director in consultation with the Ward councillor.

 

Confidential Attachment 1, including all Appendices, to the report (July 9, 2015) from the City Solicitor (Item MM8.54) is now public in its entirety and can be accessed under Background Information (City Council).

Confidential Attachment 1, including all Appendices, to the report (November 16, 2016) from the City Solicitor (Item CC11.2) is now public in its entirety and can be accessed under Background Information (City Council).

Confidential Attachment - Litigation or potential litigation that affects the City or one of its agencies or corporations and advice or communications that are subject to solicitor-client privilege

Background Information (City Council)

Member Motion MM27.8
https://www.toronto.ca/legdocs/mmis/2017/mm/bgrd/backgroundfile-102123.pdf
Confidential Attachment 1, including all Appendices, to the report (July 9, 2015) from the City Solicitor (Item MM8.54) - made public on April 3, 2017
https://www.toronto.ca/legdocs/mmis/2017/mm/bgrd/backgroundfile-102260.pdf
Confidential Attachment 1, including all Appendices, to the report (November 16, 2015) from the City Solicitor (Item CC11.2) - made public on April 3, 2017
https://www.toronto.ca/legdocs/mmis/2017/mm/bgrd/backgroundfile-102547.pdf

Motions (City Council)

Motion to Waive Referral (Carried)

Speaker Nunziata advised Council that the provisions of Chapter 27, Council Procedures, require that Motion MM27.8 be referred to the North York Community Council. A two-thirds vote of the Council Members present is required to waive referral.

Vote (Waive Referral) Mar-29-2017 2:27 PM

Result: Carried Two-Thirds Required - MM27.8 - Waive referral
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, 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, Michelle Holland, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, 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, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are John Campbell, Stephen Holyday
Total members that were Absent: 4 Members that were absent are Maria Augimeri, Jim Karygiannis, Norman Kelly, Ron Moeser

Motion to Adopt Item (Carried)

Vote (Adopt Item) Mar-29-2017 6:59 PM

Result: Carried Majority Required - MM27.8 - Adopt the item
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Joe Cressy, Janet Davis, 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, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 11 Members that were absent are Maria Augimeri, Shelley Carroll, Josh Colle, Vincent Crisanti, Michelle Holland, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser, James Pasternak, John Tory, Kristyn Wong-Tam

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor Maria Augimeri - as she owns property within a radius of 250 metres of this site.
Source: Toronto City Clerk at www.toronto.ca/council