Item - 2018.NY31.6
Tracking Status
- City Council adopted this item on June 26, 2018 without amendments and without debate.
- 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.
NY31.6 - 36, 38, and 40 Churchill Avenue - Local Planning Appeal - Request for Direction
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 23 - Willowdale
City Council Decision
City Council on June 26, 27, 28 and 29, 2018, adopted the following:
1. City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (April 25, 2018) from the City Solicitor, subject to the revised site plan reflecting that the number of units be reduced to three units on Churchill Avenue and eight units fronting on the east side of the site.
2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the report (April 25, 2018) from the City Solicitor and City Council direct that the balance of the Confidential Attachment 1 to the report (April 25, 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 recommendations in Confidential Attachment 1 to the report (April 25, 2018) from the City Solicitor were adopted by City Council, subject to the revised site plan reflecting that the number of units be reduced to three units on Churchill Avenue and eight units fronting on the east side of the site, and are now public, as follows:
1. City Council accept the Revised Site Plan as contained in Appendix B to the report (April 25, 2018) from the City Solicitor and City Council authorize the City Solicitor to attend at the continuation of the Toronto Local Appeal Body hearing in support of those revised plans on the following conditions:
a. the Revised Site Plan is further revised to depict an increased south setback from Block 2 to Churchill Avenue of 3.3 metres; and
b. the applicant provides elevation drawings and grading plans that confirm that the height and design are acceptable, to the satisfaction of the Chief Planner and Executive Director, City Planning.
2. City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its order on the Zoning By-Law and Official Plan Amendment until such time as:
a. the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Official Plan Amendment and Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.
The balance of Confidential Attachment 1 to the report (April 25, 2018) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contain advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (April 25, 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)
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-115273.pdf
(April 25, 2018) Report from the City Solicitor on 36, 38, and 40 Churchill Avenue - Local Planning Appeal Tribunal Appeal - Request for Direction Report (including Appendices A and B) (CC39.11)
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-115274.pdf
Confidential Attachment 1
(April 17, 2018) Report from the City Solicitor on Request for Direction - Official Plan and Zoning By-law Amendment Applications - 36, 38, and 40 Churchill Avenue - Notice of Pending Report (CC39.11)
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-115275.pdf
Communications (Community Council)
(June 6, 2018) E-mail from Councillor John Filion - Ward 23-Willowdale (NY.New.NY31.6.2)
https://www.toronto.ca/legdocs/mmis/2018/ny/comm/communicationfile-83372.pdf
NY31.6 - 36, 38, and 40 Churchill Avenue - Local Planning Appeal - Request for Direction
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 23 - Willowdale
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 recommendations contained in Confidential Attachment 1 to the report (April 25, 2018) from the City Solicitor, subject to the revised site plan reflecting that the number of units be reduced to three units on Churchill Avenue and eight units fronting on the east side of the site.
2. City Council authorize the public release of the recommendations contained in the Confidential Attachment 1 to the report (April 25, 2018) from the City Solicitor, if adopted by City Council, but that the remainder of the Confidential Attachment 1 to the report (April 25, 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
Summary
The purpose of this report is to seek further instruction for the ongoing Ontario Municipal Board, now called the Local Planning Appeal Tribunal, hearing process on the appeals of City Council's failure to make a decision on the Official Plan and Zoning By-law amendment application at 36, 38, and 40 Churchill Avenue. The Local Planning Appeal Tribunal ("LPAT") has issued an Interim Decision in this matter which approved the appeal in part but directed the appellant to revise their application to address a number of the concerns raised by City staff at the hearing. This report seeks instruction on revised plans that have been submitted to the City
Background Information
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-115273.pdf
(April 25, 2018) Report from the City Solicitor on 36, 38, and 40 Churchill Avenue - Local Planning Appeal Tribunal Appeal - Request for Direction Report (including Appendices A and B) (CC39.11)
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-115274.pdf
Confidential Attachment 1
(April 17, 2018) Report from the City Solicitor on Request for Direction - Official Plan and Zoning By-law Amendment Applications - 36, 38, and 40 Churchill Avenue - Notice of Pending Report (CC39.11)
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-115275.pdf
Communications
(June 6, 2018) E-mail from Councillor John Filion - Ward 23-Willowdale (NY.New.NY31.6.2)
https://www.toronto.ca/legdocs/mmis/2018/ny/comm/communicationfile-83372.pdf
Speakers
Andrew Ferancik, Walker, Nott, Dragicevic Associates Limited
Motions
That North York Community Council recommend that:
1. City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (April 25, 2018) from the City Solicitor, subject to the revised site plan reflecting that the number of units be reduced to three units on Churchill Avenue and eight units fronting on the east side of the site.
2. City Council authorize the public release of the recommendations contained in the Confidential Attachment 1 to the report (April 25, 2018) from the City Solicitor, if adopted by City Council, but that the remainder of the Confidential Attachment 1 to the report (April 25, 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.