Item - 2020.CC24.8

Tracking Status

  • City Council adopted this item on September 30, 2020 without amendments.

CC24.8 - 2901 Bayview Avenue and 630 Sheppard Avenue East - Official Plan Amendment and Zoning Amendment - Request for Directions

Decision Type:
ACTION
Status:
Adopted
Ward:
17 - Don Valley North

City Council Decision

City Council on September 30, October 1 and 2, 2020, adopted the following:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 21, 2020) from the City Solicitor.

 

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 21, 2020) from the City Solicitor at the discretion of the City Solicitor.

 

3.  City Council direct that the balance of Confidential Attachment 1 and Confidential Appendix A to the report (September 21, 2020) from the City Solicitor remain confidential as they contain advice and information that is subject to solicitor-client privilege.

 

Confidential Attachment 1 to the report (September 21, 2020) 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 and information that is subject to solicitor-client privilege.  The confidential instructions to staff in Confidential Attachment 1 to the report (September 21, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor.

 

Confidential Appendix A to the report (September 21, 2020) from the City Solicitor remain confidential it its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege.

 

November 12, 2020

 

The confidential instructions to staff in Confidential Attachment 1 to the report (September 21, 2020) from the City Solicitor were adopted by City Council and are now public as follows, the City Solicitor having exercised the City Solicitor's discretion to make them public:

 

1.  City Council accept the Owner's offer to settle the subject appeal on the terms described in Public Attachment 1 and Public Attachment 2 (collectively, the "Settlement Offer") to the report (September 21, 2020) from the City Solicitor.

 

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 request that the Local Planning Appeal Tribunal make the site subject to Holding (H) Symbols in accordance with the terms described in the Settlement Offer.

 

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, subject to the terms of the Settlement Offer, including the review, approval and preparation of all matters described in Part 4 below, and entering into and registering against title to the subject lands an agreement with the Owner pursuant to Section 37 of the Planning Act in accordance with the terms described in the Settlement Offer.

 

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

 

a.  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, and that they, amongst other matters, provide for the securing community benefits pursuant to Section 37 of the Planning Act and any other necessary matters;

 

b.  the Owner has executed an agreement with the City pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning, to secure community benefits and all other matters of legal convenience as determined necessary by the Chief Planner and Executive Director, City Planning, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, and the City Solicitor and the Owner has registered the executed Section 37 Agreement against title to the site, to the satisfaction of the City Solicitor; and

 

c.  the Owner has completed the site servicing review for the applications (comprised of Functional Servicing Report, Stormwater Management Report, and Hydrogeological Report) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

 

5.  City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

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

Background Information (City Council)

(September 21, 2020) Report from the City Solicitor on 2901 Bayview Avenue and 630 Sheppard Avenue East - Official Plan Amendment and Zoning Amendment - Request for Directions (CC24.8)
https://www.toronto.ca/legdocs/mmis/2020/cc/bgrd/backgroundfile-156920.pdf
Public Attachment 1 - Settlement Offer Letter dated September 2, 2020, prepared by McCarthy Tetrault LLP
https://www.toronto.ca/legdocs/mmis/2020/cc/bgrd/backgroundfile-156906.pdf
Public Attachment 2 - Architectural Plans and Drawings for the Settlement Offer (Part 1)
https://www.toronto.ca/legdocs/mmis/2020/cc/bgrd/backgroundfile-156907.pdf
Public Attachment 2 - Architectural Plans and Drawings for the Settlement Offer (Part 2)
https://www.toronto.ca/legdocs/mmis/2020/cc/bgrd/backgroundfile-156908.pdf
Public Attachment 2 - Architectural Plans and Drawings for the Settlement Offer (Part 3)
https://www.toronto.ca/legdocs/mmis/2020/cc/bgrd/backgroundfile-156909.pdf
Public Attachment 2 - Architectural Plans and Drawings for the Settlement Offer (Part 4)
https://www.toronto.ca/legdocs/mmis/2020/cc/bgrd/backgroundfile-156910.pdf
Public Attachment 2 - Architectural Plans and Drawings for the Settlement Offer (Part 5)
https://www.toronto.ca/legdocs/mmis/2020/cc/bgrd/backgroundfile-156911.pdf
Confidential Attachment 1
Confidential Appendix A

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Sep-30-2020

Result: Carried Majority Required - CC24.8 - Adopt the Item
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, 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, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 2 Members that were absent are Denzil Minnan-Wong, Jaye Robinson

Declared Interests (City Council)

The following member(s) declared an interest:

Deputy Mayor Denzil Minnan-Wong - as he has an interest in a property in the neighbourhood
Written Declaration: https://secure.toronto.ca/council/declared-interest-file.do?id=9355
Source: Toronto City Clerk at www.toronto.ca/council