Item - 2023.CC13.10

Tracking Status

  • City Council adopted this item on December 13, 14 and 15, 2023 with amendments.

CC13.10 - 250 Wincott Drive and 4620 Eglinton Avenue West - Authority to Amend Section 37 Agreement to Reflect the Minor Variance Decision of the Committee of Adjustment

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

City Council Decision

City Council on December 13, 14 and 15, 2023, adopted the following:

 

1. City Council authorize the appropriate City officials to enter into and register on title an agreement to amend the Section 37 Agreement dated October 4, 2021, registered as Instrument AT5918477 on November 23, 2021 to implement the revised timing for the design and construction of municipal infrastructure improvements as approved by the Committee of Adjustment Decision dated November 9, 2023.

 

2. City Council authorize the City Solicitor to make any other such amendments determined necessary to implement City Council's decision on this matter, on terms satisfactory to the Chief Planner and Executive Director, City Planning, and in a form satisfactory to the City Solicitor.

 

3. City Council amend City of Toronto Municipal Code Chapter 925, Permit Parking, in order to prevent the residents of, visitors to, or tradespersons at 250 Wincott Drive and 4620 Eglinton Avenue West from obtaining a parking permit.

 

4. City Council request the Chief Planner and Executive Director, City Planning to include the following as a Site Plan approval condition [as amended with final statistics]:

 

a. the Owner shall insert the following advisory into all agreements of purchase and sale or agreements to lease and condominium declaration document(s) for each affected residential unit within the development:

 

Purchasers acknowledge and agree that purchasers or residents of the development will not be eligible for on street-parking permits under the City of Toronto Municipal Code. Purchasers agree that, despite the status or availability of on-street parking permits for residents in the development area as of the date of this document, the availability of on-street parking permits in the development area for the purchasers or residents of the development may, at the discretion of City of Toronto Council, be modified, amended or removed at any time in accordance with the City of Toronto Act, 2006, as amended from time to time and its successors, and the City of Toronto Municipal Code.

 

b. the Owner shall insert the following advisory into all agreements of purchase and sale or agreements to lease and condominium declaration document(s) for each affected residential unit within the development:

 

The building contains [insert number of] units, served on site by [insert number of] resident parking spaces, [insert number of] visitor parking spaces and [insert number of] accessible parking spaces. Additional parking for overflow, visitors and residents, including overnight, is of limited or no availability. Additional off street parking, potentially at additional cost, is not guaranteed, however may be available at:

 

For visitors: [insert the 5 closest locations that provide off-street parking, Green P on-street parking, or parking for more than 3 hours]

 

For residents: [insert locations of 5 closest off-street parking locations that offer overnight or monthly parking]

 

5. City Council request City Planning and the Applicant to prioritize the installation of pedestrian sidewalks along Eglinton Avenue, within the site, and connecting the interior of the site with public streets.

Background Information (City Council)

(November 29, 2023) Report from the City Solicitor on 250 Wincott Drive and 4620 Eglinton Avenue West - Authority to Amend Section 37 Agreement to Reflect the Minor Variance Decision of the Committee of Adjustment (CC13.10)
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-241309.pdf
(October 30, 2023) Public Attachment 1 - Report from the Director, Community Planning, Etobicoke York District on 250 Wincott Drive
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-241310.pdf
Public Attachment 2 - Committee of Adjustment Etobicoke York Panel Notice of Decision on application for Minor Variance/Permission/Consent for 250 Wincott Drive
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-241311.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Stephen Holyday (Carried)

That:

 

1. City Council amend City of Toronto Municipal Code Chapter 925, Permit Parking in order to prevent the residents of, visitors to, or tradespersons at 250 Wincott Drive and 4620 Eglinton Avenue West from obtaining a parking permit.

 

2. City Council request that the Chief Planner and Executive Director, City Planning include the following as a Site Plan approval condition [as amended with final statistics]:

 

a. the Owner shall insert the following advisory into all agreements of purchase and sale or agreements to lease and condominium declaration document(s) for each affected residential unit within the development:

 

Purchasers acknowledge and agree that purchasers or residents of the development will not be eligible for on street-parking permits under the City of Toronto Municipal Code. Purchasers agree that, despite the status or availability of on-street parking permits for residents in the development area as of the date of this document, the availability of on-street parking permits in the development area for the purchasers or residents of the development may, at the discretion of City of Toronto Council, be modified, amended or removed at any time in accordance with the City of Toronto Act, 2006, as amended from time to time and its successors, and the City of Toronto Municipal Code.

 

b. the Owner shall insert the following advisory into all agreements of purchase and sale or agreements to lease and condominium declaration document(s) for each affected residential unit within the development:

 

The building contains [insert number of] units, served on site by [insert number of] resident parking spaces, [insert number of] visitor parking spaces and [insert number of] accessible parking spaces. Additional parking for overflow, visitors and residents, including overnight, is of limited or no availability. Additional off street parking, potentially at additional cost, is not guaranteed, however may be available at:

 

For visitors: [insert the 5 closest locations that provide off-street parking, Green P on-street parking, or parking for more than 3 hours]

 

For residents: [insert locations of 5 closest off-street parking locations that offer overnight or monthly parking]

 

3. City Council request City Planning and the Applicant to prioritize the installation of pedestrian sidewalks along Eglinton Avenue, within the site, and connecting the interior of the site with public streets.

Vote (Amend Item (Additional)) Dec-15-2023 3:12 PM

Result: Carried Majority Required - CC13.10 - Holyday - motion 1
Total members that voted Yes: 17 Members that voted Yes are Brad Bradford, Alejandra Bravo, Lily Cheng, Mike Colle, Vincent Crisanti, Stephen Holyday, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), Gord Perks, Dianne Saxe, Michael Thompson
Total members that voted No: 4 Members that voted No are Jon Burnside, Shelley Carroll, Paula Fletcher, Anthony Perruzza
Total members that were Absent: 5 Members that were absent are Paul Ainslie, Olivia Chow, Chris Moise, James Pasternak, Jaye Robinson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Dec-15-2023 3:13 PM

Result: Carried Majority Required - CC13.10 - Adopt the item as amended
Total members that voted Yes: 20 Members that voted Yes are Brad Bradford, Alejandra Bravo, Shelley Carroll, Lily Cheng, Mike Colle, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Dianne Saxe, Michael Thompson
Total members that voted No: 1 Members that voted No are Jon Burnside
Total members that were Absent: 5 Members that were absent are Paul Ainslie, Olivia Chow, Chris Moise, James Pasternak, Jaye Robinson

Point of Order by Councillor Anthony Perruzza

Councillor Perruzza, rising on a Point of Order, stated that he wished to know if Council was deviating from the Order Paper by dealing with this item now, and would Council not need to vote on a change to the Order Paper.

Ruling by Speaker Frances Nunziata (Upheld)
Speaker Nunziata accepted the Point of Order and ruled that Council needs to consider the items that the City Solicitor needs to be approved because if Council runs out of time, it will have to defer everything to the next Council meeting.

Challenged by Councillor Anthony Perruzza

Source: Toronto City Clerk at www.toronto.ca/council