Item - 2019.CC6.6

Tracking Status

  • City Council adopted this item on April 16 and 17, 2019 with amendments.

CC6.6 - 45 LaRose Avenue - Zoning By-law Amendment Application - Request for Directions

Decision Type:
ACTION
Status:
Amended
Ward:
2 - Etobicoke Centre

City Council Decision

City Council on April 16 and 17, 2019, adopted the following:

 

1.  City Council direct the City Solicitor to attend the Local Planning Appeal Tribunal hearing to oppose the proposed development at 45 LaRose Avenue on the grounds there was a density transfer to 1407 Royal York Road from 45 LaRose Avenue.

 

2.  City Council authorize the City Solicitor to retain external consultants as necessary.

 

3.  In the event the preliminary issue of whether there was a density transfer is not determined in the City's favour, or if it is determined in the City's favour but the Local Planning Appeal Tribunal decides to proceed on the merits of the appeal, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to dispose of the appeal in a fashion satisfactory to the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, including requesting the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment until such time as:

 

a.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that all matters arising from the circulation and review of the  proposal have been resolved to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

b.  a Section 37 Agreement has been executed to the satisfaction of the City Solicitor securing the rental tenure of the existing rental building without application to convert or demolish for at least 20 years and securing needed improvements to the existing rental building; and

 

c.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the City.

 

4. City Council direct that Confidential Attachments 1 and 2 and Confidential Appendix A to Confidential Attachment 2 to the report (April 9, 2019) from the City Solicitor remain confidential in their entirety, as they contain advice and information that is subject to solicitor-client privilege.

 

Confidential Attachments 1 and 2, and Confidential Appendix A to Confidential Attachment 2 to the report (April 9, 2019) from the City Solicitor remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice and information that is subject to solicitor-client privilege.

Confidential Attachment - Advice or communications that are subject to solicitor-client privilege and potential litigation.

Background Information (City Council)

(April 9, 2019) Report from the City Solicitor on 45 LaRose Avenue - Zoning By-law Amendment Application - Request for Directions (CC6.6)
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-131868.pdf
Confidential Attachment 1
Confidential Attachment 2
Confidential Appendix A

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor Stephen Holyday (Carried)

That City Council delete the recommendations in the report (April 9, 2019) from the City Solicitor and adopt instead the following:

 

1.  City Council direct the City Solicitor to attend the Local Planning Appeal Tribunal hearing to oppose the proposed development at 45 LaRose Avenue on the grounds there was a density transfer to 1407 Royal York Road from 45 LaRose Avenue.

 

2.  City Council authorize the City Solicitor to retain external consultants as necessary.

 

3.  In the event the preliminary issue of whether there was a density transfer is not determined in the City's favour, or if it is determined in the City's favour but the Local Planning Appeal Tribunal decides to proceed on the merits of the appeal, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to dispose of the appeal in a fashion satisfactory to the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning, including requesting the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law amendment until such time as:

 

a.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that all matters arising from the circulation and review of the  proposal have been resolved to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

b.  a Section 37 Agreement has been executed to the satisfaction of the City Solicitor securing the rental tenure of the existing rental building without application to convert or demolish for at least 20 years and securing needed improvements to the existing rental building; and

 

c.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Zoning By-law amendments are in a form satisfactory to the City.

 

4. City Council direct that Confidential Attachments 1 and 2 and Confidential Appendix A to Confidential Attachment 2 to the report (April 9, 2019) from the City Solicitor remain confidential, as they contain advice and information that is subject to solicitor-client privilege.

Vote (Adopt Item as Amended) Apr-17-2019 9:44 AM

Result: Carried Majority Required - CC6.6 - Holyday - motion 1 - Adopt the item as amended
Total members that voted Yes: 19 Members that voted Yes are Paul Ainslie, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 7 Members that were absent are Ana Bailão, Brad Bradford, Paula Fletcher, James Pasternak, Anthony Perruzza, Jaye Robinson, John Tory
Source: Toronto City Clerk at www.toronto.ca/council