Item - 2018.CC44.2

Tracking Status

  • City Council adopted this item on July 23, 2018 with amendments.

CC44.2 - 2161 Yonge Street - Zoning Amendment Application - Request for Direction

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

City Council Decision

City Council on July 23, 24, 25, 26, 27 and 30, 2018, adopted the following:

 

1.  City Council authorize the City Solicitor to work together with the Toronto District School Board, as appropriate, in order to secure appropriate conditions of approval for the zoning by-law amendment application for 2161 Yonge Street regarding the provision of educational facilities.

 

2.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (June 18, 2018) from the City Solicitor.

 

3. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendices A and B to the report (June 18, 2018) from the City Solicitor.

 

4.  City Council direct that the balance of Confidential Attachment 1 to the report (June 18, 2018) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

 

The confidential recommendations in Confidential Attachment 1 to the report (June 18, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

 

1.  City Council accept the settlement offer terms set out in Appendix A to the report (June 18, 2018) from the City Solicitor, subject to the following conditions:

 

a.  prior to the Local Planning Appeal Tribunal issuing its order, a draft zoning by-law amendment shall be finalized which secures the items as outlined in Confidential Attachment 1 and Appendix A to the report (June 18, 2018) from the City Solicitor; and

 

b.  prior to Local Planning Appeal Tribunal issuing its order, the owner shall enter into an Agreement pursuant to Section 37 of the Planning Act, to be registered on title and to the satisfaction of the City Solicitor, to secure, among other matters, the following:

 

i.  the applicant enter into a Section 37 agreement and agrees to pay the sum of $3,500,000; and

 

ii. the applicant agrees to convey to the City of Toronto pedestrian easements in form and content satisfactory to the City Solicitor.

 

2.  City Council authorize the City Solicitor, and other appropriate staff, to attend the Local Planning Appeal Tribunal hearing in support of the Zoning By-law amendment application for 2161 Yonge Street, as revised and described in the report (June 18, 2018) from the City Solicitor and in accordance with the settlement offer terms.

 

3.  City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to finalize the elements of the settlement, including the Zoning By-law amendment and any other related planning instruments and City Council authorize the City Solicitor to request that the Local Planning Appeal Tribunal approve the development in accordance with City Council's decision.

 

Confidential Appendices A and B to the report (June 18, 2018) from the City Solicitor are 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 in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that is subject to solicitor-client privilege.

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 2161 Yonge Street - Zoning Amendment Application - Request for Direction (CC44.2)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-118744.pdf
Confidential Attachment 1
Confidential Appendix A - made public on August 8, 2018
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-118746.pdf
Confidential Appendix B - made public on August 8, 2018
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-118747.pdf

Communications (City Council)

(June 26, 2018) Letter from Steve Shaw, Executive Officer, Facility Services, Sustainability and Planning, Toronto District School Board (CC.New.CC44.2.1)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-86443.pdf
(July 20, 2018) Letter from Steve Shaw, Executive Director, Facility Services, Sustainability and Planning, Toronto District School Board (CC.New.CC44.2.2)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-87059.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Josh Matlow (Carried)

That City Council authorize the City Solicitor to work together with the Toronto District School Board, as appropriate, in order to secure appropriate conditions of approval for the zoning by-law amendment application for 2161 Yonge Street regarding the provision of educational facilities.

Vote (Amend Item (Additional)) Jul-26-2018 5:36 PM

Result: Carried Majority Required - CC44.2 - Matlow - motion 1
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Miganoush Megardichian, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, 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: 11 Members that were absent are Ana Bail„o, Christin Carmichael Greb, Joe Cressy, Justin J. Di Ciano, Frank Di Giorgio, Giorgio Mammoliti, Joe Mihevc, Cesar Palacio, James Pasternak, Neethan Shan, John Tory

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jul-26-2018 5:37 PM

Result: Carried Majority Required - CC44.2 - Adopt the item as amended
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Miganoush Megardichian, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, 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: 12 Members that were absent are Ana Bail„o, Christin Carmichael Greb, Joe Cressy, Justin J. Di Ciano, Frank Di Giorgio, Giorgio Mammoliti, Joe Mihevc, Cesar Palacio, James Pasternak, Neethan Shan, David Shiner, John Tory
Source: Toronto City Clerk at www.toronto.ca/council