Item - 2018.TE30.13

Tracking Status

  • City Council adopted this item on March 26, 2018 with amendments.
  • This item was considered by Toronto and East York Community Council on February 21, 2018. It is being forwarded to City Council without recommendations. It will be considered by City Council on March 26, 2018.

TE30.13 - 462 Eastern Ave - Official Plan Amendment and Zoning Amendment Applications - Request for Direction Report

Decision Type:
ACTION
Status:
Amended
Ward:
30 - Toronto-Danforth

City Council Decision

City Council on March 26 and 27, 2018, adopted the following:

 

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the supplementary report (March 16, 2018) from the City Solicitor as amended by the confidential instructions to staff attached to motion 1 by Councillor Paula Fletcher.

 

2.  City Council authorize the public release of the recommendations in Confidential Attachment 1 to the supplementary report (March 16, 2018) from the City Solicitor, as amended by the confidential instructions to staff attached to motion 1 by Councillor Paula Fletcher and authorize the public release of Confidential Attachment 2 to the supplementary report (March 16, 2018) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the supplementary report (March 16, 2018) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege.

 

The confidential recommendations in Confidential Attachment 1 to the supplementary report (March 16, 2018) from the City Solicitor were adopted by City Council, as amended by the confidential instructions to staff attached to motion 1 by Councillor Paula Fletcher, and are now public, as follows:

 

1.  City Council support a revised proposal as shown in the Elevation Drawings by Diamond Schmitt Architects dated March 9 and 12, 2018, and direct the City Solicitor and staff to attend the Ontario Municipal Board in support of the revised proposal.

 

2.  In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of its final Order until:

 

a.  a final form of the Official Plan Amendment and Zoning By-Law Amendment are prepared to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

 

b.  submission and acceptance of a Functional Service Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 

c.  the applicant pay for and construct any necessary improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services;

 

d.  confirmation that City Planning has received a satisfactory Noise and Air Quality Study to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

e.  the applicant enters into a Heritage Easement Agreement for the property at 462 Eastern Avenue in accordance with a Heritage Impact Assessment and architectural drawings and subject to and in accordance with an approved Conservation Plan, all to the satisfaction of the Senior Manager, Heritage Preservation Services, including registration of such agreement to the satisfaction of the City Solicitor;

 

f.  the applicant obtains, in consultation with the Toronto Preservation Board, City

Council approval for the required alterations to the heritage property at 462 Eastern Avenue pursuant to Section 33 of the Ontario Heritage Act;

 

g.  the applicant provides a Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in a Heritage Impact Statement for the property at 462 Eastern Avenue to the satisfaction of the Senior Manager, Heritage Preservation Services;

 

h.  the applicant has submitted a construction management plan to the City to the satisfaction of the General Manager, Transportation Services; and

 

i.  the applicant enters into an agreement under Section 37 of the Planning Act to secure the community benefits that are determined as per Part 3 beow.

 

3.  City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act, as may be required by the Chief Planner and Executive Director, City Planning, should the proposal be approved in some form by the Ontario Municipal Board.

 

4.  City Council direct that the parkland dedication requirement be satisfied by cash-in-lieu of parkland.

 

5.  City Council direct the General Manager, Transportation Services to investigate traffic calming measures on the public lane located north of 462 Eastern Avenue.

 

6.  City Council direct the Deputy City Manager Cluster A and the Deputy City Manager Cluster B to ensure that part of the development contributions from this development are directed to the modernization of Jimmie Simpson rink when it is reconstructed.

 

The balance of Confidential Attachment 1 to the supplementary report (March 16, 2018) from the City Solicitor remains confidential in its entirety 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 2 to the supplementary report (March 16, 2018) from the City Solicitor is now public and can be accessed under Background Information (City Council).

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

Background Information (Community Council)

(December 14, 2017) Report and Attachments 1 - 8 from the Acting Director, Community Planning, Toronto and East York District - 462 Eastern Ave - Official Plan Amendment and Zoning Amendment Applications - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2018/te/bgrd/backgroundfile-111698.pdf

Background Information (City Council)

(March 16, 2018) Supplementary report from the City Solicitor on 462 Eastern Avenue - Ontario Municipal Board Appeal - Further Request for Direction (TE30.13a)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-113448.pdf
Confidential Attachment 1
Confidential Attachment 2 - made public on April 5, 2018
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-113461.pdf

Communications (Community Council)

(January 15, 2018) E-mail from Christina Jackson (TE.Main.TE30.13.1)
(January 15, 2018) E-mail from Josh Newman (TE.Main.TE30.13.2)
(January 15, 2018) E-mail from Tara Nicodemo (TE.Main.TE30.13.3)
(January 15, 2018) E-mail from Stephanie Coughlin (TE.Main.TE30.13.4)
(January 16, 2018) Letter from Lara McGuire-Fattal (TE.Main.TE30.13.5)
https://www.toronto.ca/legdocs/mmis/2018/te/comm/communicationfile-78147.pdf
(January 16, 2018) Letter from The Western Bakery Redevelopment Community Coalition (TE.Main.TE30.13.6)
https://www.toronto.ca/legdocs/mmis/2018/te/comm/communicationfile-78148.pdf
(February 20, 2018) E-mail from Michael Holloway (TE.Supp.TE30.13.7)

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Paula Fletcher (Carried)

That City Council adopt the following recommendations contained in the supplementary report (March 16, 2018) from the City Solicitor [TE30.13a], subject to amending Recommendation 1 so that the recommendations now read as follows:

 

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 as amended by the confidential instructions attached to this motion.

 

2.  City Council authorize the public release of the recommendations contained in Confidential Attachment 1, with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege, and the public release of Confidential Attachment 2 (On file with the City Clerk).

Vote (Amend Item) Mar-27-2018 7:12 PM

Result: Carried Majority Required - TE30.13 - Fletcher - motion 1
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Ana Bail„o, Gary Crawford, Sarah Doucette, Giorgio Mammoliti, Cesar Palacio

Motion to Adopt Item as Amended (Carried)

TE30.13 - 462 Eastern Ave - Official Plan Amendment and Zoning Amendment Applications - Request for Direction Report

Decision Type:
ACTION
Status:
Without Recs
Ward:
30 - Toronto-Danforth

Community Council Recommendations

The Toronto and East York Community Council submits the Item to City Council without recommendation. 

Origin

(December 14, 2017) Report from Acting Director, Community Planning, Toronto and East York District

Summary

In January 2012, the previous owner of the subject lands filed applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 7-storey mixed-use development on lands designated Employment Areas in the City of Toronto Official Plan.   In March 2015, the applicant appealed its application to the Ontario Municipal Board (OMB) due to Council's failure to enact the requested amendment within the time allotted by the Planning Act.

 

In December 2013, City Council adopted Official Plan Amendment No. 231 (OPA 231), which redesignated the Subject Lands from Employment Areas to Mixed Use Areas, which included Site and Area Specific Policy No. 416 (SASP 416).

 

In July 2014, the Minister of Municipal Affairs (the Minister) deferred a decision on the approval of OPA 231 based on the subject lands location within the Lower Don Special Policy Area.  The applicant subsequently appealed the Ministry's decision on OPA 231, and the current applicant Graywood Development Ltd., assumed the appeal.  The OMB consolidated the site specific appeals and the OPA 231 appeal, which resulted in a procedural phase of the Hearing.  Issues relating to land use designation and flood plain issues were resolved at a Pre-Hearing Conference on September 13, 2017.  At this time dates were set for a Hearing to deal with the site specific appeals. This Hearing will commence July 9th, 2018.

This application proposes the construction of a 9-storey mixed-use building with 308 residential units and 1,033 square metres of ground floor employment space fronting onto Eastern Avenue.  A total of 323 parking spaces were provided within a 3-level underground parking garage accessed via Logan Avenue.  The existing 4-storey building and the 2-storey addition on the heritage register at 462 Eastern Avenue is proposed to conserved and altered. 

 

The purpose of this report is to seek City Council's direction with respect to the position of the City at the Ontario Municipal Board hearing. A separate report (dated November 21, 2017) from Heritage Preservation Services is scheduled to be considered together with this report.

 

This report recommends that Council direct the City Solicitor, together with appropriate City staff, to support the proposal at the Ontario Municipal Board.

Background Information

(December 14, 2017) Report and Attachments 1 - 8 from the Acting Director, Community Planning, Toronto and East York District - 462 Eastern Ave - Official Plan Amendment and Zoning Amendment Applications - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2018/te/bgrd/backgroundfile-111698.pdf

Communications

(January 15, 2018) E-mail from Christina Jackson (TE.Main.TE30.13.1)
(January 15, 2018) E-mail from Josh Newman (TE.Main.TE30.13.2)
(January 15, 2018) E-mail from Tara Nicodemo (TE.Main.TE30.13.3)
(January 15, 2018) E-mail from Stephanie Coughlin (TE.Main.TE30.13.4)
(January 16, 2018) Letter from Lara McGuire-Fattal (TE.Main.TE30.13.5)
https://www.toronto.ca/legdocs/mmis/2018/te/comm/communicationfile-78147.pdf
(January 16, 2018) Letter from The Western Bakery Redevelopment Community Coalition (TE.Main.TE30.13.6)
https://www.toronto.ca/legdocs/mmis/2018/te/comm/communicationfile-78148.pdf
(February 20, 2018) E-mail from Michael Holloway (TE.Supp.TE30.13.7)

Motions

Motion to forward item Without Recommendations moved by Councillor Paula Fletcher (Carried)

That the item be forwarded to City Council without recommendation.

Source: Toronto City Clerk at www.toronto.ca/council