Item - 2019.CC12.7

Tracking Status

  • City Council adopted this item on November 26, 2019 with amendments.

CC12.7 - 2525 Lawrence Avenue East, 1380 Midland Avenue and 1-51, 201-211 and 300 Prudential Drive - Zoning By-law Amendment - Local Planning Appeal Tribunal Appeal - Request for Direction

Decision Type:
ACTION
Status:
Amended
Ward:
21 - Scarborough Centre

City Council Decision

City Council on November 26 and 27, 2019, adopted the following:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor, as amended by motion 1 by Councillor Thompson.

 

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor, as amended, and direct that the balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (November 19, 2019) from the City Solicitor remain confidential as they contain information that is subject to solicitor-client privilege.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor,  as amended by motion 1 by Councillor Thompson, were adopted by City Council and are now public, as follows:

 

1.  City Council direct the City Solicitor and City Staff, as appropriate, to attend the Local Planning Appeal Tribunal in opposition to the Zoning By-law Amendment application for 2525 Lawrence Avenue East, 1380 Midland Avenue and 1-51,201-211 and 300 Prudential Drive in its present form.

 

2.  City Council direct City staff to continue discussions with the owner, and authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor, to accept a revised proposal provided the following occurs:

 

a.  results of requested further hydrogeological testing related to groundwater quality and discharge are provided to the City to the satisfaction Toronto Water; and

 

b.  a minimum of 90 units within the development are secured as affordable units for a minimum of 20 years.

 

3.  City Council authorize the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act, should the proposal be approved in some form by the Local Planning Appeal Tribunal.

 

4.  In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

 

a.  the final form of the Zoning By-law Amendments are to the satisfaction of the Director, Community Planning, Scarborough District and the City Solicitor;

 

b.  community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Director, Community Planning, Scarborough District and the City Solicitor; and

 

c.  proposed groundwater quality and discharge from the proposed development is to the satisfaction of Toronto Water.

 

5.  City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

 

The balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (November 19, 2019) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they contain information that is subject to solicitor-client privilege.

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

Background Information (City Council)

(November 19, 2019) Report from the City Solicitor on 2525 Lawrence Avenue East, 1380 Midland Avenue and 1-51, 201-211 and 300 Prudential Drive - Zoning By-law Amendment - Local Planning Appeal Tribunal Appeal - Request for Direction (CC12.7)
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-140360.pdf
Public Attachment 1 - Plans and Drawings (on file with the City Clerk for the purpose of the November 26 and 27, 2019 City Council meeting)
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-140361.pdf
Confidential Attachment 1
Confidential Attachment 2
Confidential Attachment to motion 1 by Councillor Michael Thompson

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Michael Thompson (Carried)

That City Council amend Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor in accordance with the confidential attachment to this motion.

Vote (Amend Item) Nov-26-2019 4:55 PM

Result: Carried Majority Required - CC12.7 - Thompson - motion 1
Total members that voted Yes: 21 Members that voted Yes are Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Josh Matlow, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Michael Thompson, John Tory, 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 Paul Ainslie, Jim Karygiannis, Jennifer McKelvie, Anthony Perruzza, Jaye Robinson

Motion to Adopt Item as Amended (Carried)
Source: Toronto City Clerk at www.toronto.ca/council