Item - 2018.CC43.18

Tracking Status

  • City Council adopted this item on June 26, 2018 with amendments.

CC43.18 - 49 Spadina Avenue - Zoning Amendment Application - Request for Direction

Decision Type:
ACTION
Status:
Amended
Ward:
20 - Trinity-Spadina

City Council Decision

City Council on June 26, 27, 28 and 29, 2018, adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 18, 2018) from the City Solicitor, subject to an additional requirement that in an agreement, pursuant to Section 37 of the Planning Act, the applicant agrees to provide a construction management plan to the satisfaction of the Chief Planner and Executive Director, City Planning prior to site plan approval.

 

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the report (June 18, 2018) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (June 18, 2018) from the City Solicitor remain confidential at the discretion of the City Solicitor as it contains advice that is subject to solicitor-client privilege.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (June 18, 2018) from the City Solicitor were adopted by City Council, subject to an additional requirement that in an agreement, pursuant to Section 37 of the Planning Act, the applicant agrees to provide a construction management plan to the satisfaction of the Chief Planner and Executive Director, City Planning prior to site plan approval, and are now public, as follows:

 

1.  City Council accept the With Prejudice Settlement Offer and authorize the City Solicitor to attend the Local Planning Appeal Tribunal hearing in support of the Revised Plans dated May 31, 2018 on the terms set out in Confidential Attachment 2 to the report (June 18, 2018) from the City Solicitor.

 

2.  City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-Law Amendment until such time as the City Solicitor informs the Tribunal that:

 

a.  the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

 

b.  a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning to secure the Section 37 matters has been entered into and has been registered on title;

 

c.  the City is in receipt of an acceptable Functional Servicing Report, Groundwater Report, Stormwater Management Report and Hydrogeological Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services;

 

d.  the applicant has designed and entered into a financially secured agreement to construct any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Groundwater Report, Stormwater Management Report, and Hydrogeological Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Transportation Services,

 

e.  the implementation of the Functional Servicing Report, Groundwater Report, Stormwater Management Report and Hydrogeological Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Transportation Services, either does not require changes to the proposed amending by-laws or any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services, including amongst other matters;

 

f.  the Toronto Preservation Board has considered and Toronto City Council has made a decision whether to designate the heritage building under Part IV of the Ontario Heritage Act; in the event the building is designated, the Order will also be withheld until an appropriate alteration permit has been granted to permit the construction of the development; and

 

g.  the applicant has provided a conservation plan for the heritage building acceptable to the City, and has executed and registered a heritage easement agreement, so to the satisfaction of the Director, Heritage Preservation Services.

 

Confidential Attachment 2 to the report (June 18, 2018) from the City Solicitor is now public and can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 to the report (June 18, 2018) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that are subject to solicitor-client privilege.The balance of Confidential Attachment 1 to the report (June 18, 2018) from the City Solicitor will be made public at the discretion of the City Solicitor.

Confidential Attachment - Advice or communications that are subject to solicitor-client privilege.

Background Information (City Council)

(June 18, 2018) Report from the City Solicitor on 49 Spadina Avenue - Zoning Amendment Application - Request for Direction (CC43.18)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-117328.pdf
Public Appendix A - Original Application Architectural Drawings
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-117330.pdf
Public Appendix B - Revised Plans
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-117334.pdf
Confidential Attachment 1
Confidential Attachment 2 - made public on July 9, 2018
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-117336.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Joe Cressy (Carried)

That City Council delete Recommendation 1 and adopt instead the following new recommendation:

 

1. City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (June 18, 2018) from the City Solicitor, subject to an additional requirement that in an agreement, pursuant to section 37 of the Planning Act, the applicant agrees to provide a construction management plan to the satisfaction of the Chief Planner and Executive Director, City Planning prior to site plan approval.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jun-28-2018 2:11 PM

Result: Carried Majority Required - CC43.18 - Adopt the item as amended
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Giorgio Mammoliti, Josh Matlow, Miganoush Megardichian, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Jonathan Tsao, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 10 Members that were absent are Ana Bail„o, Paula Fletcher, Michael Ford, Mary Fragedakis, Michelle Holland, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, Anthony Perruzza
Source: Toronto City Clerk at www.toronto.ca/council