Item - 2018.CC41.8

Tracking Status

  • City Council adopted this item on May 22, 2018 with amendments.

CC41.8 - 39-41 Roehampton Avenue and 50 Eglinton Avenue East - Zoning Amendment Application - Request for Direction regarding Local Planning Appeal Tribunal Appeal

Decision Type:
ACTION
Status:
Amended
Ward:
22 - St. Paul's

City Council Decision

City Council on May 22, 23 and 24, 2018, adopted the following:

 

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor.

 

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendix A to the report (May 10, 2018) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor remain confidential at the discretion of the City Solicitor.

 

3.  In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of the any Order(s) on the Zoning By-law Amendment appeal for the subject lands pending confirmation of the adequacy of public school capacity to accommodate students generated from the development from the Director of Education, Toronto District School Board.

 

The confidential recommendations in Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

 

1.  City Council accept the Without Prejudice Settlement Offer set out in Appendix A to Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor and City Council authorize the City Solicitor to execute Minutes of Settlement if necessary to give effect to a settlement.

 

2.  City Council authorize the City Solicitor and appropriate City staff to attend at the Local Planning Appeal Tribunal hearing in this matter in support of the settlement.

 

3.  City Council direct the City Solicitor and appropriate City staff to work with the applicant to finalize the elements of the settlement, including the Zoning By-law Amendments, in advance of the Local Planning Appeal Tribunal hearing, to the satisfaction of the Chief Planner and Executive Director, City Planning, in accordance with the Without Prejudice Settlement Offer set out in Appendix A to Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor 

 

4.  In the event that the Local Planning Appeal Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order(s) approving the Zoning By-law Amendments until such time as the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the owner, has provided draft by-laws to the Local Planning Appeal Tribunal in a form and content to the satisfaction of the Director, Community Planning, Toronto and East York District, which by-laws shall including a provision for reducing the permitted height at 50 Eglinton, and pending confirmation from the City Solicitor that the owner has entered into an Agreement under Section 37 of the Planning Act.

 

The balance of Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the city or one of its agencies or corporations and it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor will be made public at the discretion of the City Solicitor.

 

Confidential Appendix A to the report (May 10, 2018) from the City Solicitor is now public 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)

(May 10, 2018) Report from the City Solicitor on 39-41 Roehampton Avenue and 50 Eglinton Avenue East - Zoning Amendment Application - Request for Direction regarding Local Planning Appeal Tribunal Appeal (CC41.8)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-115075.pdf
Attachment 1 - Revised Plans - Part 1
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-115097.pdf
Attachment 1 - Revised Plans - Part 2
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-115098.pdf
Attachment 1 - Revised Plans - Part 3
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-115099.pdf
Attachment 2 - May 2, 2018 Letter from Goodmans LLP
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-115100.pdf
Confidential Attachment 1
Confidential Appendix A - made public on May 31, 2018
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-115102.pdf

Communications (City Council)

(May 23, 2018) Letter from Robin Pilkey, Chair, Toronto District School Board (CC.New.CC41.8.1)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-82999.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Jaye Robinson (Carried)

In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of the any Order(s) on the Zoning By-law Amendment appeal for the subject lands pending confirmation of the adequacy of public school capacity to accommodate students generated from the development from the Director of Education, Toronto District School Board.

 

Vote (Amend Item (Additional)) May-23-2018 5:43 PM

Result: Carried Majority Required - CC41.8 - Robinson - motion 1
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Ana Bailo, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Michael Thompson, Lucy Troisi, Jonathan Tsao, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 9 Members that were absent are Maria Augimeri, Vincent Crisanti, Mary Fragedakis, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Denzil Minnan-Wong, David Shiner, John Tory

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) May-23-2018 5:44 PM

Result: Carried Majority Required - CC41.8 - Adopt the item as amended
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Ana Bailo, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Joe Mihevc, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Neethan Shan, Michael Thompson, Lucy Troisi, Jonathan Tsao, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Jaye Robinson
Total members that were Absent: 10 Members that were absent are Maria Augimeri, Vincent Crisanti, Mary Fragedakis, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Denzil Minnan-Wong, Cesar Palacio, David Shiner, John Tory

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor Maria Augimeri - as she owns property in the area.
Source: Toronto City Clerk at www.toronto.ca/council