Item - 2022.CC42.17

Tracking Status

  • City Council adopted this item on April 6, 2022 without amendments.

CC42.17 - 241 Redpath 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 April 6 and 7, 2022 adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 30, 2022) from the City Solicitor.

 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (March 30, 2022) from the City Solicitor.

 

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 30, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (March 30, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

 

1. City Council accept the "without prejudice" settlement offer set out in Confidential Appendix A to the report (March 30, 2022) from the City Solicitor and support a revised proposal that is substantially in accordance with Confidential Appendix B to the report (March 30, 2022) from the City Solicitor, and such further architectural plans filed with the City Solicitor acceptable to the Chief Planner and Executive Director, City Planning (the “Settlement Offer”) and subject to the Parts below.

 

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the Settlement Offer for the lands municipally known as 241 Redpath Avenue.

 

3.  City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

 

a. the proposed Zoning By-law Amendment(s) are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, including but not limited to the following:

 

i. a minimum of 15 percent of the total number of units as 2-bedroom units;

 

ii. a minimum of 10 percent of the total number of units as 3-bedroom units;

 

iii. an additional 15 percent of the total number of units will be a combination of 2-bedroom and 3-bedroom units, or units that can be converted to 2-bedroom and 3-bedroom units through the use of adaptable design measures;

 

iv. the maximum number of storeys is 38; and

 

v. the maximum overall building height is 133.25 metres;

 

b. the proposed Zoning By-law Amendment(s) contain a Holding ('H") provision regarding the following matters:

 

i. provided that City Council has not made a decision on the Rental Housing Demolition Application by the meeting of City Council in July 2022, the owner has obtained approval from City Council for the Rental Housing Demolition Application (File: 20 151708 NNY 15 RH) in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the forty-six (46) existing rental dwelling units at 241 Redpath Avenue and satisfied any associated conditions;

 

ii. the owner has, at its sole cost and expense:

 

a. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report (“Engineering Reports”) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

 

b. has secured the design and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; and

 

c. submitted a revised Transportation Impact Study, including an updated Parking and Loading Study and transportation demand management strategy satisfactory to the General Manger, Transportation Services and thereafter implement any such requirements as part of Site Plan Control application;

 

c. a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the subject lands to the satisfaction of the City Solicitor, securing community benefits in Part 4 below and securing the matters required to support the development outlined in Part 5 below, and should the Section 37 Agreement not be executed and registered on title to the lands prior to the Order on the Zoning By-law Amendment being issued by the Tribunal, that in the alterative, the requirement for executing and registering a Section 37 Agreement on title to the lands be included in the Holding (H) Symbol in Part 3.b. above.

 

4. City Council authorize the City Solicitor to enter into and register on title to the lands, one or more agreements pursuant to Section 37, at the owner's expense, to secure the following matters, on such terms and conditions as may be required, all satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor:

 

a. a cash contribution of $3,750,00.00 dollars to be allocated towards the community benefits that have been identified as priorities in the Yonge-Eglinton Secondary Plan at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

 

b. the cash contributions referred to in Part 4.a. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment;

 

c. in the event the cash contributions referred to in Part 4.a. above have not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands.

 

5. In the event the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act securing the following as matters required to support the development, at all the owner's sole cost and expense: 

 

a. the owner shall enter into a financially secured agreement for the construction of any improvements to the existing municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development;

 

b. the owner shall construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site;

 

c. the owner shall provide a 2.1 metre sidewalk along the Redpath Street frontage, subject to preservation of existing mature trees through site plan control;

 

d. the owner shall provide access to new indoor and outdoor amenities for all existing and new residents on the site;

 

e. a construction mitigation strategy and a communication plan to reduce impacts on remaining tenants;

 

f. as part of site plan control, the owner shall submit a detailed wind tunnel test complete with a statistical wind analysis to determine the impacts and efficacy of the recommended wind mitigation measures, evaluated to the satisfaction of the Chief Planner and Executive Director, City Planning; and the owner shall construct and maintain any required mitigation measures, to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning an updated wind study that includes a wind tunnel analysis and any associated wind mitigation measures;

 

g. the owner shall, through Site Plan Control, provide for an on-site dog relief area with proper disposal facilities for existing and new residents or a dog relief station within the new building;

 

h. the owner shall, through Site Plan Control, submit a detailed landscaping plan showing soil volumes and species for the proposed trees to be planted on the City-owned right-of-way; and

 

i. as part of Site Plan Control, the owner shall submit a revised Noise Impact Study, including the peer review process paid for by the owner, that identify all mitigation measures to be undertaken for this development and incorporated into the recommendations for site design and the owner shall construct and maintain any required mitigation measures, to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning.

 

6. City Council direct the General Manager, Parks Forestry and Recreation to accept a payment in lieu of the on-site parkland dedication in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act.

 

7. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision on this matter.

 

Confidential Appendices A and B to the report (March 30, 2022) from the City Solicitor are now public and can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 to the report (March 30, 2022) from the City Solicitor remains confidential at this time 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. The balance of Confidential Attachment 1 to the report (March 30, 2022) 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 30, 2022) Report from the City Solicitor on 241 Redpath Avenue - Zoning By-law Amendment Application - Request for Directions (CC42.17)
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-223494.pdf
Confidential Attachment 1
Confidential Appendix A - made public on April 19, 2022
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-223496.pdf
Confidential Appendix B - made public on April 19, 2022
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-223497.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Apr-06-2022 10:40 AM

Result: Carried Majority Required - CC42.17 - 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, Nick Mantas, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Josh Matlow, Jaye Robinson
Total members that were Absent: 1 Members that were absent are Jennifer McKelvie
Source: Toronto City Clerk at www.toronto.ca/council