Item - 2021.CC30.11

Tracking Status

  • City Council adopted this item on March 10, 2021 without amendments.

CC30.11 - 40-44 Broadway Avenue - Zoning By-law Amendment Application - Request for Directions

Decision Type:
ACTION
Status:
Adopted
Ward:
15 - Don Valley West

City Council Decision

City Council on March 10, 2021, adopted the following:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 3, 2021) from the City Solicitor.

 

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 3, 2021) from the City Solicitor.

 

3.  City Council direct that the balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (March 3, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (March 3, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

  

1.  City Council direct the City Solicitor, together with the appropriate staff, to attend the Local Planning Appeal Tribunal hearing in opposition to the applicant's resubmission as shown on drawings dated February 8, 2021, attached as Public Attachment 1 to the report (March 3, 2021) from the City Solicitor, filed in support of the Zoning By-law Amendment application (File 19 194902 NNY 15 OZ) for 40-44 Broadway Avenue.

 

2.  City Council authorize the City Solicitor and appropriate staff to continue to seek further revisions to the applications and to continue discussions with the applicant in an attempt to resolve issues with the Resubmission shown in Public Attachment 1 to the report (March 3, 2021) from the City Solicitor, satisfactory to the Chief Planner and Executive Director, City Planning and to report back to City Council on the outcome of discussions prior to the hearing scheduled to begin on May 31, 2021, if necessary.

 

3.  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 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 Official Plan Amendments and Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services; and amongst other matters include the requirement for appropriate matters, services and facilities to be provided by the owner at its expense pursuant to Section 37 of the Planning Act and any other matters necessary to support the development as a legal convenience;

 

b.  the owner has provided a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

 

c.  the owner has designed and provided financial securities for any upgrades and/or required improvements to municipal infrastructure in connection with the accepted Functional Servicing Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades to such infrastructure are required to support this development; and

 

d.  the owner has signed a Section 37 Agreement securing such matters, services and facilities to be provided by the owner at its own expense pursuant to Section 37 of the Planning Act and any other matters necessary to support the development all satisfactory to the Chief Planner and Executive Director, City Planning and registered on title to the lands satisfactory to the City Solicitor.

 

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

 

The balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (March 3, 2021) from the City Solicitor remain confidential at this time in accordance with the provision of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (March 3, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

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

Background Information (City Council)

(March 3, 2021) Report from the City Solicitor on 40-44 Broadway Avenue - Zoning By-law Amendment Application - Request for Directions (CC30.11)
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-164609.pdf
Public Attachment 1 (Part 1) - Architectural Plans prepared by KPMB Architects, dated February 8, 2021 for the property municipally known as 40-44 Broadway Avenue
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-164613.pdf
Public Attachment 1 (Part 2) - Architectural Plans prepared by KPMB Architects, dated February 8, 2021 for the property municipally known as 40-44 Broadway Avenue
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-164614.pdf
Public Attachment 1 (Part 3) - Architectural Plans prepared by KPMB Architects, dated February 8, 2021 for the property municipally known as 40-44 Broadway Avenue
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-164635.pdf
Public Attachment 1 (Part 4) - Architectural Plans prepared by KPMB Architects, dated February 8, 2021 for the property municipally known as 40-44 Broadway Avenue
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-164636.pdf
Public Attachment 1 (Part 5) - Architectural Plans prepared by KPMB Architects, dated February 8, 2021 for the property municipally known as 40-44 Broadway Avenue
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-164637.pdf
Confidential Attachment 1
Confidential Attachment 2

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Mar-10-2021 2:39 PM

Result: Carried Majority Required - CC30.11 - Adopt the Item
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, 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 Michael Ford, John Tory

Point of Order by Councillor Stephen Holyday

Councillor Holyday, on a Point of Order, stated that the Members' voting screens indicate that Mayor Tory had declared an Interest on the Item that Council was about to vote on and that the Speaker should remind Mayor Tory of his declared interest.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and reminded Mayor Tory to leave the meeting during the vote.

Declared Interests (City Council)

The following member(s) declared an interest:

Mayor John Tory - as his mother's condo is in the immediate vicinity.
Written Declaration: https://secure.toronto.ca/council/declared-interest-file.do?id=9677
Source: Toronto City Clerk at www.toronto.ca/council