Item - 2017.TE28.93

Tracking Status

  • City Council adopted this item on December 5, 2017 with amendments.
  • This item was considered by Toronto and East York Community Council on November 14, 2017. It is being forwarded to City Council without recommendations. It will be considered by City Council on December 5, 2017.

TE28.93 - 395, 387R and 413 Leslie Street - Official Plan and Zoning By-law Amendment Applications - Request for Direction Report

Decision Type:
ACTION
Status:
Amended
Ward:
30 - Toronto-Danforth

City Council Decision

City Council on December 5, 6, 7 and 8, 2017, adopted the following:

 

1. City Council direct the City Solicitor and appropriate staff to attend the Ontario Municipal Board hearing in order to oppose the Official Plan Amendment and Zoning By-law Amendment applications at 395, 387R and 413 Leslie Street, in its present form.

 

2. City Council direct City Planning staff, in the event that the Ontario Municipal Board allows the appeal in whole or in part, to request that the Ontario Municipal Board withholds its Order(s) approving the applications until such time as the Ontario Municipal Board has been advised by the City Solicitor that:

 

a. the proposed Official Plan Amendment and Zoning By-law Amendments are in a form satisfactory to the Chief Planner and City Solicitor;

 

b. a holding provision is placed on the Zoning By-law Amendment until such time as the necessary infrastructure is available to service the proposed development to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

 

c. a Site Plan application has been made and a Site Plan Agreement has been entered into between the City and the owner and all pre-approval conditions have been satisfied.

 

3.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the supplementary report (December 4, 2017) from the City Solicitor as amended by the confidential attachment to motion 1b by Councillor Paula Fletcher.

 

4.  City Council authorize, at the discretion of the City Solicitor, the public release of the confidential recommendations in Confidential Attachment 1 to the supplementary report (December 4, 2017) from the City Solicitor, as amended by the confidential attachment to motion 1b by Councillor Paula Fletcher, and City Council direct that the balance of Confidential Attachment 1 and Confidential Appendices A and B to the supplementary report (December 4, 2017) from the City Solicitor remain confidential.

 

5. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

 

The confidential recommendations in Confidential Attachment 1 to the supplementary report (December 4, 2017) from the City Solicitor, as amended by the confidential attachment to motion 1b by Councillor Paula Fletcher, remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they are subject to solicitor-client privilege.  The confidential recommendations in Confidential Attachment 1 to the supplementary report (December 4, 2017) from the City Solicitor, as amended by the confidential attachment to motion 1b by Councillor Paula Fletcher will be made public as the discretion of the City Solicitor.

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

Background Information (Community Council)

Report and Attachments 1 - 9 from the Acting Director, Community Planning, Toronto and East York - 395, 387R and 413 Leslie Street - Official Plan and Zoning By-law Amendment Applications - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2017/te/bgrd/backgroundfile-108999.pdf

Background Information (City Council)

(December 4, 2017) Supplementary report from the City Solicitor on 395, 387R and 413 Leslie Street - Official Plan and Zoning By-law Amendment Applications- Ontario Municipal Board Appeal (TE28.93a)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-109738.pdf
Confidential Attachment 1
Confidential Appendix A
Confidential Appendix B

Communications (Community Council)

(November 10, 2017) E-mail from Heather Finley (TE.New.TE28.93.1)
(November 10, 2017) E-mail from Kathryn Adams (TE.New.TE28.93.2)
(November 11, 2017) E-mail from Kim Stanton (TE.New.TE28.93.3)
(November 11, 2017) E-mail from Michelle Poulin (TE.New.TE28.93.4)
(November 11, 2017) E-mail from Naomi Costain (TE.New.TE28.93.5)
(November 11, 2017) E-mail from Margaret Deiseach (TE.New.TE28.93.6)
(November 12, 2017) E-mail from Ann Nicholson (TE.New.TE28.93.7)
(November 12, 2017) E-mail from Janet Koprivnikar (TE.New.TE28.93.8)
(November 12, 2017) E-mail from Magdalena Iglewski (TE.New.TE28.93.9)
(November 12, 2017) E-mail from Nancea Whitham (TE.New.TE28.93.10)
(November 12, 2017) E-mail from Andrew Smith (TE.New.TE28.93.11)
(November 13, 2017) E-mail from Alan Malcomson (TE.New.TE28.93.12)
(November 13, 2017) E-mail from Michelle and Todd Bamford (TE.New.TE28.93.13)
(November 13, 2017) E-mail from Sandra Toma (TE.New.TE28.93.14)
(November 13, 2017) E-mail from Stephen Washburn Cohen (TE.New.TE28.93.15)
(November 13, 2017) E-mail from Adam Brian (TE.New.TE28.93.16)
(November 13, 2017) E-mail from Marianne Kazmer (TE.New.TE28.93.17)
(November 13, 2017) E-mail from Dan Wilson (TE.New.TE28.93.18)
(November 13, 2017) E-mail from Ha Vu (TE.New.TE28.93.19)
(November 13, 2017) E-mail from Bill Dunk-Green (TE.New.TE28.93.20)
(November 14, 2017) E-mail from Dean Da Silva (TE.New.TE28.93.21)

Motions (City Council)

1a - Motion to Amend Item moved by Councillor Paula Fletcher (Carried)

That City Council adopt the following recommendations 1, 4 and 5 contained in the report (November 9. 2017) from the Acting Director, Community Planning, Toronto and East York: 

 

1. City Council direct the City Solicitor and appropriate staff to attend the Ontario Municipal Board hearing in order to oppose the Official Plan Amendment and Zoning By-law Amendment applications at 395, 387R and 413 Leslie Street, in its present form.

 

4. City Council direct City Planning staff, in the event that the Ontario Municipal Board allows the appeal in whole or in part, to request that the Ontario Municipal Board withholds its Order(s) approving the applications until such time as the Ontario Municipal Board has been advised by the City Solicitor that:

 

a. the proposed Official Plan Amendment and Zoning By-law Amendments are in a form satisfactory to the Chief Planner and City Solicitor;

 

b. a holding provision is placed on the Zoning By-law Amendment until such time as the necessary infrastructure is available to service the proposed development to the satisfaction of the Chief Engineer & Executive Director, Engineering and Construction Services; and

 

c. a Site Plan application has been made and a Site Plan Agreement has been entered into between the City and the owner and all pre-approval conditions have been satisfied.

 

5. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement the foregoing.

Vote (Amend Item) Dec-07-2017 2:09 PM

Result: Carried Majority Required - TE28.93 - Fletcher - motion 1a
Total members that voted Yes: 29 Members that voted Yes are Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Michael Ford, Mary Fragedakis, Jim Hart, Stephen Holyday, Jim Karygiannis, Mike Layton, Chin Lee, Giorgio Mammoliti, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, Neethan Shan, David Shiner, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 16 Members that were absent are Paul Ainslie, Josh Colle, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, John Filion, Mark Grimes, Michelle Holland, Norman Kelly, Josh Matlow, Mary-Margaret McMahon, Denzil Minnan-Wong, Anthony Perruzza, Michael Thompson, John Tory

1b - Motion to Adopt Item as Amended moved by Councillor Paula Fletcher (Carried)

That City Council adopt the recommendations contained in the supplementary report (December 4, 2017) from the City Solicitor [TE28.93a] amended to read as follows:

 

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 as amended by the confidential attachment to this motion.

 

2.  If the City Solicitor's confidential recommendations are adopted by Council, then City Council authorize, at the discretion of the City Solicitor, the public release of the confidential recommendations contained in Confidential Attachment 1, as amended by the confidential attachment to this motion, with the remainder of Confidential Attachment 1 and Appendices "A" and "B" to remain confidential (Appendix "B" on file with the City Clerk for the purpose of the December 5, 6 and 7, 2017 Council Meeting).

Vote (Adopt Item as Amended) Dec-07-2017 2:10 PM

Result: Carried Majority Required - TE28.93 - Fletcher - motion 1b - Adopt the item as amended
Total members that voted Yes: 31 Members that voted Yes are Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Michael Ford, Mary Fragedakis, Jim Hart, Stephen Holyday, Jim Karygiannis, Mike Layton, Chin Lee, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, 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: 14 Members that were absent are Paul Ainslie, Josh Colle, Vincent Crisanti, Janet Davis, Justin J. Di Ciano, John Filion, Mark Grimes, Michelle Holland, Norman Kelly, Giorgio Mammoliti, Josh Matlow, Denzil Minnan-Wong, Anthony Perruzza, Michael Thompson

TE28.93 - 395, 387R and 413 Leslie Street - Official Plan and Zoning By-law Amendment Applications - Request for Direction Report

Decision Type:
ACTION
Status:
Without Recs
Ward:
30 - Toronto-Danforth

Community Council Recommendations

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

Decision Advice and Other Information

The Toronto and East York Community Council:

 

a.  requested the Acting Chief Planner and Executive Director, City Planning and the City Solicitor to continue discussions with the applicant with respect of the planning concerns set out in the report (November 9, 2017) from the Acting Director, Community Planning, Toronto and East York Community Council, and the communications received on this Item for the November 14, 2017 meeting, and;

 

b.  requested the Acting Chief Planner and Executive Director, City Planning, and the City Solicitor, to report directly to the December 6, 7 and 8, 2017 City Council meeting with respect to the outcome of the discussions, the review of the communications and with any updates.

Origin

(November 9, 2017) Report from the Acting Director, Community Planning, Toronto and East York

Summary

A revised proposal for Official Plan and Zoning By-law amendment applications has been submitted for 395, 387R and 413 Leslie Street to permit seven detached dwellings and four semi-detached dwellings on a private road.  The site is located in the interior of a low-rise residential block at the northeast corner of Gerrard Street East and Leslie Street.  The existing detached dwellings at 395 and 387R Leslie Street will be demolished.  A total of 11 resident parking spaces and one visitor parking space is proposed in the development.

 

On June 14, 2016, Toronto and East York Community Council (TEYCC) considered staff reports that recommended the original proposals for either an 18 unit or 16 unit townhouse development be refused.

 

In the interim period between TEYCC and City Council, the applicant appealed the application to the Ontario Municipal Board (OMB) due to Council's failure to make a decision on their request for Official Plan and Zoning By-law Amendments applications.

 

On July 12, 2016 Toronto City Council considered the applications for Official Plan and Zoning By-law Amendments and authorized the City Solicitor with other appropriate staff to appear before the OMB to oppose the proposal.

 

On April 26, 2017 Toronto City Council considered a revised application for Official Plan and Zoning By-law Amendments showing fifteen 4-storey townhouse units (the "April Proposal") and authorized the City Solicitor with other appropriate staff to appear before the OMB to refuse the April proposal.

 

City Planning received a further revised application on September 8, 2017 (the "September Proposal").  The September Proposal eliminates the townhouse form and proposes seven detached dwellings and four semi-detached dwellings in a response to address some of City Planning's issues with the April Proposal.

 

At its November 7, 2017 meeting, City Council directed the City Solicitor and the Acting Director, Community Planning, Toronto and East York District to report to the next meeting of TEYCC regarding the September Proposal, respecting the Official Plan and Zoning By-law amendment for the properties at 395, 387R and 413 Leslie Street.

 

This report identifies outstanding issues with respect to the September Proposal and recommends that City Council direct the City Solicitor and City staff, as appropriate, negotiate with the applicant and, should a settlement not be reached, to attend the OMB to oppose the Official Plan Amendment and Zoning By-law Amendment applications at 395, 387R and 413 Leslie Street.

Background Information

Report and Attachments 1 - 9 from the Acting Director, Community Planning, Toronto and East York - 395, 387R and 413 Leslie Street - Official Plan and Zoning By-law Amendment Applications - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2017/te/bgrd/backgroundfile-108999.pdf

Communications

(November 10, 2017) E-mail from Heather Finley (TE.New.TE28.93.1)
(November 10, 2017) E-mail from Kathryn Adams (TE.New.TE28.93.2)
(November 11, 2017) E-mail from Kim Stanton (TE.New.TE28.93.3)
(November 11, 2017) E-mail from Michelle Poulin (TE.New.TE28.93.4)
(November 11, 2017) E-mail from Naomi Costain (TE.New.TE28.93.5)
(November 11, 2017) E-mail from Margaret Deiseach (TE.New.TE28.93.6)
(November 12, 2017) E-mail from Ann Nicholson (TE.New.TE28.93.7)
(November 12, 2017) E-mail from Janet Koprivnikar (TE.New.TE28.93.8)
(November 12, 2017) E-mail from Magdalena Iglewski (TE.New.TE28.93.9)
(November 12, 2017) E-mail from Nancea Whitham (TE.New.TE28.93.10)
(November 12, 2017) E-mail from Andrew Smith (TE.New.TE28.93.11)
(November 13, 2017) E-mail from Alan Malcomson (TE.New.TE28.93.12)
(November 13, 2017) E-mail from Michelle and Todd Bamford (TE.New.TE28.93.13)
(November 13, 2017) E-mail from Sandra Toma (TE.New.TE28.93.14)
(November 13, 2017) E-mail from Stephen Washburn Cohen (TE.New.TE28.93.15)
(November 13, 2017) E-mail from Adam Brian (TE.New.TE28.93.16)
(November 13, 2017) E-mail from Marianne Kazmer (TE.New.TE28.93.17)
(November 13, 2017) E-mail from Dan Wilson (TE.New.TE28.93.18)
(November 13, 2017) E-mail from Ha Vu (TE.New.TE28.93.19)
(November 13, 2017) E-mail from Bill Dunk-Green (TE.New.TE28.93.20)
(November 14, 2017) E-mail from Dean Da Silva (TE.New.TE28.93.21)

Motions

1 - Motion to Amend Item moved by Councillor Paula Fletcher (Carried)

That the Toronto and East York Community Council:

 

a.  Forward the item to City Council without recommendation; and

 

a.  request the Acting Chief Planner and Executive Director, City Planning and the City Solicitor to continue discussions with the applicant with respect of the planning concerns set out in the report (November 9, 2017) from the Acting Director, Community Planning, Toronto and East York Community Council, and the communications received on this Item for the November 14, 2017 meeting and;

 

b.  request the Acting Chief Planner and Executive Director, City Planning, and the City Solicitor, to report directly to the December 6, 7 and 8, 2017 City Council meeting with respect to the outcome of the discussions, the review of the communications and with any updates.

 

 


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