Item - 2019.CC13.6

Tracking Status

  • City Council adopted this item on December 17, 2019 with amendments.

CC13.6 - 6040 Bathurst Street and 5 Fisherville Road - Zoning By-law Amendment Application

Decision Type:
ACTION
Status:
Amended
Ward:
6 - York Centre

City Council Decision

City Council on December 17 and 18, 2019, adopted the following:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor, as amended by motion 1 by Councillor James Pasternak.

 

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended, and Confidential Appendices A, B, C, and D to the report (December 11, 2019) from the City Solicitor.

 

3.  City Council direct the balance of Confidential Attachment 1 and Confidential Appendices E and F to the report (December 11, 2019) from the City Solicitor remain confidential as they contain advice that is subject to solicitor-client privilege.

 

4. City Council request the Chief Planner and Executive Director, City Planning or designate to consult with the Ward Councillor prior to the approval of the Construction Mitigation and Tenant Communication Plan to be provided by the owner pursuant to the Site Plan approval process for the proposed development.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor were adopted, as amended, by City Council and are now public, as follows:

 

1.  City Council accept the Owner's offer to settle the subject appeal on the terms described in Confidential Appendix A to the report (December 11, 2019) from the City Solicitor and in substantial accordance with the block plan included as Confidential Appendix B to the report (December 11, 2019) from the City Solicitor and the architectural drawings included as Confidential Appendix C and Confidential Appendix D to the report (December 11, 2019) from the City Solicitor (collectively, the "Settlement Offer"), provided that the Owner confirm in writing, to the satisfaction of the City Solicitor in advance of a settlement hearing before the Local Planning Appeal Tribunal, that it agrees to pay the amount at section 16.a.iii of Confidential Appendix A to the report (December 11, 2019) from the City Solicitor prior to the issuance of the first below-grade shoring permit for the site, all subject to the Owner entering into the necessary Section 37 Agreements with the City and neighbouring land owners to secure both community benefits to be provided on-site and to financially secure the provision of public infrastructure within the block as shown on Confidential Appendix B to the report (December 11, 2019) from the City Solicitor at no cost to the City prior to the coming into force of legislative amendments under Bill 108 - More Homes, More Choices Act, 2019, Section 9 and Section 10 of Schedule 12.

 

2.  City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in support of the development proposal as described in the Settlement Offer and subject to the direction provided in Part 1 above.

 

3.  City Council authorize the City Solicitor and appropriate City staff to take all steps necessary to implement the terms of the Settlement Offer, at no cost to the City for any and all works that may be required to effect the development either on-site or on the City's property, including the review and approval of all matters described as preconditions to the Local Planning Appeal Tribunal issuing its final Order in connection with the subject appeal, and entering into and registering against title to the subject lands the described Agreements authorised pursuant to Section 37 of the Planning Act.

 

4. Subject to the Owner's failure to enter into the necessary Section 37 Agreements as on the terms described in Part 1 above, City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in opposition to the development proposal as described by the Settlement Offer.

 

Confidential Appendices A, B, C, and D to the report (December 11, 2019) from the City Solicitor are now public and can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 and Confidential Appendices E and F to the report (December 11, 2019) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege.

Confidential Attachment - Litigation or potential litigation that affects the City of Toronto and advice or communications that are subject to solicitor-client privilege

Background Information (City Council)

(December 11, 2019) Report from the City Solicitor on 6040 Bathurst Street and 5 Fisherville Road - Zoning By-law Amendment Application (CC13.6)
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-141122.pdf
Confidential Attachment 1
Confidential Appendix A - made public on December 20, 2019
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-141124.pdf
Confidential Appendix B - made public on December 20, 2019
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-141125.pdf
Confidential Appendix C - made public on December 20, 2019
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-141126.pdf
Confidential Appendix D - made public on December 20, 2019
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-141127.pdf
Confidential Appendix E
Confidential Appendix F
Confidential Attachment to motion 1 by Councillor James Pasternak

Motions (City Council)

1 - Motion to Amend Item moved by Councillor James Pasternak (Carried)

That:

 

1. City Council request the Chief Planner and Executive Director, City Planning or designate to consult with the Ward Councillor prior to the approval of the Construction Mitigation and Tenant Communication Plan to be provided by the owner pursuant to the Site Plan approval process for the proposed development.

 

2. City Council amend Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor in accordance with the confidential attachment to this motion.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Dec-18-2019 2:06 PM

Result: Carried Majority Required - CC13.6 - Adopt the item as amended
Total members that voted Yes: 21 Members that voted Yes are Paul Ainslie, Brad Bradford, Shelley Carroll, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are James Pasternak
Total members that were Absent: 4 Members that were absent are Ana Bail„o, Mike Colle, Cynthia Lai, Jaye Robinson
Source: Toronto City Clerk at www.toronto.ca/council