Item - 2018.CC43.21

Tracking Status

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

CC43.21 - Mimico-Judson Secondary Plan (East of Royal York Road) Appeal and 39 Newcastle Street, 25 Audley Street, 23 Buckingham Street, 1, 2 and 10 Audley Street, 8 Newcastle Street, and 29, 31, 59 and 71 Portland Street Site Specific Appeals - Request for Further Direction

Decision Type:
ACTION
Status:
Amended
Ward:
6 - Etobicoke-Lakeshore

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 attached to motion 1 by Councillor Mark Grimes.

 

2. City Council authorize the public release of the confidential instructions to staff attached to motion 1 by Councillor Mark Grimes.

 

3. City Council direct that Confidential Attachments 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 to the report (June 19, 2018) from the City Solicitor and Confidential Attachment 1 to the supplementary report (June 26, 2018) from the City Solicitor remain confidential and City Council direct that Confidential Attachment 2 to the supplementary report (June 26, 2018) from the City Solicitor be released at the discretion of the City Solicitor.

 

The confidential instructions to staff attached to motion 1 by Councillor Mark Grimes were adopted by City Council and are now public, as follows:

 

1. City Council direct the City Solicitor and other appropriate City staff to appear at the Local Planning Appeal Tribunal to continue to oppose the appeals of the Secondary Plan and the appeals of all site specific Official Plan and Zoning By-Law Amendment applications in the Secondary Plan area, and to retain outside consultants, if necessary.

 

2. In the event the Local Planning Appeal Tribunal approves the appeals in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Orders on the appeals for the subject lands pending Transportation Services acceptance of the conclusions of the Transportation Impact Study and Engineering and Construction Services acceptance of an updated Functional Servicing Report.

 

3. City Council direct the General Manager Transportation Services to undertake a feasibility assessment for the pedestrian crossing of Royal York and in the event that Metrolinx commits to construct the bridge, authorize the transfer of any Section 37 contributions directed at the pedestrian crossing to Metrolinx.

 

4. City Council authorize the City Solicitor to support the re-designation on Block A1 (other than 21, 23, 25 and 31 Windsor Street and 18 Buckingham Street for which a settlement, including a Mixed Use Areas designation has already been approved by City Council) and Block A2 from Regeneration Areas to Mixed Use Areas, with a height limit of 4-storeys, a requirement for 0.5x non-residential employment FSI, and with all other policies of Official Plan Amendment 331 continuing to apply.

 

Confidential Attachments 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 to the report (June 19, 2018) from the City Solicitor and Confidential Attachments 1 and 2 to the supplementary report (June 26, 2018) from the City Solicitor remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. Confidential Attachment 2 to the report (June 26, 2018) from the City Solicitor will be made public at the discretion of the City Solicitor.

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on June 28 and 29, 2018, to consider confidential information on this Item as it contains advice or communications that are subject to solicitor-client privilege.

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

Background Information (City Council)

(June 19, 2018) Report from the City Solicitor on Mimico-Judson Secondary Plan (East of Royal York Road) Appeal and 39 Newcastle Street, 25 Audley Street, 23 Buckingham Street, 1, 2 and 10 Audley Street, 8 Newcastle Street, and 29, 31, 59 and 71 Portland Street - Street Site Specific Appeals - Request for Further Direction (CC43.21)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-117381.pdf
Public Attachment 1 - Ownership map
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-117382.pdf
Confidential Attachment 1
Confidential Attachment 2
Confidential Attachment 3
Confidential Attachment 4
Confidential Attachment 5
Confidential Attachment 6
Confidential Attachment 7
Confidential Attachment 8
Confidential Attachment 9
Confidential Attachment 10
Confidential Attachment 11
Confidential Attachment 12
Confidential Attachment 13
(June 26, 2018) Supplementary report from the City Solicitor on Mimico-Judson Secondary Plan (East of Royal York Road) Appeal and 39 Newcastle Street, 25 Audley Street, 23 Buckingham Street, 1, 2 and 10 Audley Street, 8 Newcastle Street, and 29, 31, 59 and 71 Portland Street - Street Site Specific Appeals (CC43.21a)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-117714.pdf
Confidential Attachment 1
Confidential Attachment 2

Communications (City Council)

(June 19, 2018) Letter from Martin Gerwin and Judith Rutledge, Co-chairs, Steering Committee, Mimico Lakeshore Community Network (CC.Supp.CC43.21.1)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-85119.pdf
(June 21, 2018) E-mail from Starr Smith, Mimico Estates Tenants' Association, Chair, Mimico Lakeshore Community Network, Steering Committee, Lake Shore Leaders Forum Facilitator (CC.Supp.CC43.21.2)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-85127.pdf
(June 25, 2018) Letter from Peggy Moulder, Secretary, Lakeshore Planning Council Corporation (CC.New.CC43.21.3)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-85340.pdf

Motions (City Council)

Report of Committee of the Whole

June 29, 2018 at 12:56 a.m. - Speaker Nunziata advised that City Council had completed its closed meeting consideration of Item CC43.21 headed "Mimico-Judson Secondary Plan (East of Royal York Road) Appeal and 39 Newcastle Street, 25 Audley Street, 23 Buckingham Street, 1, 2 and 10 Audley Street, 8 Newcastle Street, and 29, 31, 59 and 71 Portland Street Site Specific Appeals - Request for Further Direction".  No motions were placed in the closed session. Council would now proceed to the public debate on the item.


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

That City Council delete the Recommendations and adopt instead the following new recommendations:

 

1. City Council adopt the confidential instructions to staff attached to this motion.

 

2. City Council authorize the public release of the confidential instructions to staff attached to this motion.

 

3. City Council direct that Confidential Attachments 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 to the report (June 19, 2018) from the City Solicitor remain confidential.

Vote (Amend Item) Jun-29-2018 12:57 AM

Result: Carried Majority Required - CC43.21 - Grimes - motion 1
Total members that voted Yes: 21 Members that voted Yes are Paul Ainslie, John Campbell, Christin Carmichael Greb, Josh Colle, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, John Filion, Mary Fragedakis, Mark Grimes, Jim Hart, Norman Kelly, Josh Matlow, Mary-Margaret McMahon, Frances Nunziata (Chair), Cesar Palacio, Anthony Perruzza, Jaye Robinson, John Tory, Lucy Troisi
Total members that voted No: 6 Members that voted No are Sarah Doucette, Paula Fletcher, Stephen Holyday, Mike Layton, Gord Perks, Kristyn Wong-Tam
Total members that were Absent: 18 Members that were absent are Maria Augimeri, Ana Bail„o, Jon Burnside, Gary Crawford, Vincent Crisanti, Justin J. Di Ciano, Michael Ford, Michelle Holland, Jim Karygiannis, Giorgio Mammoliti, Miganoush Megardichian, Joe Mihevc, Denzil Minnan-Wong, James Pasternak, Neethan Shan, David Shiner, Michael Thompson, Jonathan Tsao

2 - Motion to Adopt Item as Amended moved by Councillor Stephen Holyday (Carried)

That City Council adopt the recommendation contained in the supplementary report (June 26, 2018) from the City Solicitor [CC43.21a], as follows:

 

1. City Council direct that Confidential Attachment 1 to the report (June 26, 2018) from the City Solicitor remain confidential and Confidential Attachment 2 to the report (June 26, 2018) from the City Solicitor be released at the discretion of the City Solicitor.

Vote (Adopt Item as Amended) Jun-29-2018 12:58 AM

Result: Carried Majority Required - CC43.21 - Holyday - motion 2
Total members that voted Yes: 27 Members that voted Yes are Paul Ainslie, John Campbell, Christin Carmichael Greb, Josh Colle, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Norman Kelly, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 18 Members that were absent are Maria Augimeri, Ana Bail„o, Jon Burnside, Gary Crawford, Vincent Crisanti, Justin J. Di Ciano, Michael Ford, Michelle Holland, Jim Karygiannis, Giorgio Mammoliti, Miganoush Megardichian, Joe Mihevc, Denzil Minnan-Wong, James Pasternak, Neethan Shan, David Shiner, Michael Thompson, Jonathan Tsao
Source: Toronto City Clerk at www.toronto.ca/council