Item - 2018.NY31.39

Tracking Status

  • City Council adopted this item on June 26, 2018 without amendments.
  • This item was considered by North York Community Council on June 6, 2018 and was adopted with amendments. It will be considered by City Council on June 26, 2018.

NY31.39 - 14-16 Elvina Gardens, 197 and 197R Erskine Avenue - Local Planning Appeal Tribunal Appeal - Request for Direction

Decision Type:
ACTION
Status:
Adopted
Ward:
25 - Don Valley West

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 the confidential transmittal (June 6, 2018) from North York Community Council.

 

2. City Council authorize the public release of the confidential instructions to staff in the confidential transmittal (June 6, 2018) from North York Community Council.

 

3. City Council direct that Confidential Attachment 1 to the report (May 11, 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 the confidential transmittal (June 6, 2018) from North York Community Council were adopted by City Council and are now public, as follows:

 

1. City Council direct the City Solicitor and appropriate staff to attend the Local Planning Appeal Tribunal hearing to oppose the revised proposal for 14-16 Elvina Gardens, 197 and 197R Erskine Avenue as contained in the With Prejudice settlement offer, and to retain external consultants as necessary. 

 

2. In the event the Local Planning Appeal Tribunal approves the Zoning By-law Amendment application, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order(s) on the Zoning By-law Amendment until such time as:

 

a. the Local Planning Appeal Tribunal has been advised by the City Solicitor that the Zoning By-law Amendments are in a form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning;

 

b. the applicant addresses all of the outstanding comments and requirements within the Engineering and Construction Services memo, dated February 3, 2017, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 

c. the applicant designs, provides financial securities for, and enters into any agreements to complete the work prior to first above grade building permit as required by the City to secure any upgrades or required improvements to the existing municipal infrastructure identified in the reports required as per condition 2.b. above 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; and

 

d. the Local Planning Appeal Tribunal is advised by the City Solicitor that the owner has submitted a site plan control application and the City has issued Notice of Approval Conditions.

 

Confidential Attachment 1 to the report (May 11, 2018) from the City Solicitor remains confidential in its entirety at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (May 11, 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 (Community Council)

(May 24, 2018) Letter from City Council on 14-16 Elvina Gardens, 197 and 197R Erskine Avenue - Local Planning Appeal Tribunal Appeal - Request for Directions
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-115701.pdf
(May 11, 2018) Report from the City Solicitor on 14-16 Elvina Gardens, 197 and 197R Erskine Avenue - Local Planning Appeal Tribunal Appeal - Request for Direction (CC41.5)
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-115697.pdf
Appendix A - Original Application Site Plan Drawing
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-115698.pdf
Appendix B - Revised Plans
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-115699.pdf
Confidential Attachment 1

Background Information (City Council)

(June 6, 2018) Confidential transmittal from North York Community Council

Communications (Community Council)

(June 5, 2018) E-mail from Alex Cameron (NY.New.NY31.39.1)
(June 5, 2018) E-mail from Ronni Bharadwaj (NY.New.NY31.39.2)
(June 5, 2018) E-mail from Amelia Mociornita (NY.New.NY31.39.3)
(June 6, 2018) E-mail from Yelena and Katya Karpacheva (NY.New.NY31.39.4)

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Jun-26-2018 3:02 PM

Result: Carried Majority Required - NY31.39 - Adopt the item
Total members that voted Yes: 41 Members that voted Yes are Paul Ainslie, Ana Bail„o, 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, Paula Fletcher, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Miganoush Megardichian, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, 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: 4 Members that were absent are Maria Augimeri, Michael Ford, Mary Fragedakis, Michelle Holland

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor Maria Augimeri - as she owns property on Erskine Avenue.

NY31.39 - 14-16 Elvina Gardens, 197 and 197R Erskine Avenue - Local Planning Appeal Tribunal Appeal - Request for Direction

Decision Type:
ACTION
Status:
Amended
Ward:
25 - Don Valley West

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

Community Council Recommendations

North York Community Council recommends that: 

  

1. City Council adopt the confidential instructions to staff in the confidential transmittal from the North York Community Council.

 

2. If the confidential instructions to staff in the confidential transmittal from the North York Community Council are adopted, City Council authorize the public release of the confidential instructions to staff referenced in Part 1 above.

 

3. City Council direct that Confidential Attachment 1 to the report (May 11, 2018) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege. 

Origin

(May 25, 2018) Letter from City Council

Summary

The purpose of this report is to seek further instruction for the Local Planning Appeal Tribunal hearing process on the appeal of City Council's failure to make a decision on the Zoning Bylaw Amendment application for 14-16 Elvina Gardens, 197 and 197R Erskine Avenue within the timelines set out in the Planning Act.  The application was appealed to the Ontario Municipal Board (now transitioned to the Local Planning Appeal Tribunal).  The hearing is scheduled for July 9-13, 2018.  This report seeks instruction on Revised Plans that have been submitted to the City.

Background Information

(May 24, 2018) Letter from City Council on 14-16 Elvina Gardens, 197 and 197R Erskine Avenue - Local Planning Appeal Tribunal Appeal - Request for Directions
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-115701.pdf
(May 11, 2018) Report from the City Solicitor on 14-16 Elvina Gardens, 197 and 197R Erskine Avenue - Local Planning Appeal Tribunal Appeal - Request for Direction (CC41.5)
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-115697.pdf
Appendix A - Original Application Site Plan Drawing
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-115698.pdf
Appendix B - Revised Plans
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-115699.pdf
Confidential Attachment 1

Communications

(June 5, 2018) E-mail from Alex Cameron (NY.New.NY31.39.1)
(June 5, 2018) E-mail from Ronni Bharadwaj (NY.New.NY31.39.2)
(June 5, 2018) E-mail from Amelia Mociornita (NY.New.NY31.39.3)
(June 6, 2018) E-mail from Yelena and Katya Karpacheva (NY.New.NY31.39.4)

Speakers

Andrew Ferancik, Walker, Nott, Dragicevic Associates Limited
Kelly Whitmarsh
Michael Lee
Yelena Karpacheva
Helmut Piller
Ronni Bharadwaj
Veronica Piper

Motions

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

That North York Community Council recommend that:

 

1. City Council delete Recommendation 1.

 

Recommendation to be deleted

 

City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (May 11, 2018) from the City Solicitor.

 

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

 

3. If the confidential instructions to staff attached to this motion are adopted, City Council authorize the public release of the confidential instructions to staff referenced in Part 2 above.

 

4. City Council direct that Confidential Attachment 1 to the report (May 11, 2018) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege. 

Vote (Amend Item) Jun-06-2018

Result: Carried Majority Required
Total members that voted Yes: 7 Members that voted Yes are Christin Carmichael Greb, John Filion, James Pasternak, Anthony Perruzza, Jaye Robinson, David Shiner, Jonathan Tsao
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 4 Members that were absent are Maria Augimeri (Chair), Jon Burnside, Josh Colle, Denzil Minnan-Wong

Declared Interests

The following member(s) declared an interest:

Councillor Maria Augimeri - as she owns property in the vicinity, on Erskine Avenue.
Source: Toronto City Clerk at www.toronto.ca/council