1391 Weston Road - Zoning By-law Amendment Application - Request for further Direction Regarding a Local Planning Appeal Tribunal Hearing

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The decision

2019-10-02 · Toronto City Council · adopted

As filed

City Council on October 2 and 3, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2019) 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 23, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 and Confidential Attachments 2, 3 and 4 to the report (September 23, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor as they contain advice that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer dated September 20, 2019 in Confidential Attachment 2 to the report (September 23, 2019) from the City Solicitor, subject to the Parts set out below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the revised proposed development set out in the Settlement Offer in Confidential Attachment 2 to the report (September 23, 2019) from the City Solicitor and as shown on the revised materials in Confidential Attachments 3 and 4 to the report (September 23, 2019) from the City Solicitor, subject to the Parts set out below. 3. City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on an implementing Zoning By-law Amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendment is in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the comments from Transportation Services in their memo of September 12, 2019 have been addressed to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services and as outlined in the Settlement Offer in Confidential Attachment 2 to the report (September 23, 2019) from the City Solicitor; c. the applicant has provided sufficient space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law, Chapter 681.10 to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and d. a Section 37 Agreement has been executed by the parties securing the following commitments: i. the proposed intersection reconfiguration at the northwest corner of Jane Street and Weston Road to facilitate development of 1391 Weston Road, at no cost to the municipality, including, but not limited to geometric modifications, line paintings, and associated changes to the signal hardware and signal timing plans and coordination, if required as a result of the development of the Subject Site; and ii. a contribution in the amount of $20,000 to the City for local business improvement efforts; in the event the cash contribution has 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 will benefit the community in the vicinity of the lands. 4. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision. The balance of Confidential Attachment 1 and Confidential Attachments 2, 3 and 4 to the report (September 23, 2019) from the City Solicitor remain confidential at this time in accordance with the provisions 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 Attachments 2, 3 and 4 to the report (September 23, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

2478838 Ontario Inc. (the "Applicant") is the owner of the property municipally known as 1391 Weston Road (the "Subject Property"). On May 11, 2018, the Applicant applied for a zoning by-law amendment to City of York Zoning By-law 1-83 in order to facilitate a redevelopment of the Subject Property (the "Application"). In addition to the Application, the Applicant also submitted a Site Plan Application (the "Site Plan Application").

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The Application proposed a gas station and associated commercial building kiosk to be developed on the Subject Property. The proposed service station would contain four gas pumps, on a 486 square metre paved surface area, with 362 square metre landscaped area proposed on the northern site boundary. The proposed commercial building would have a floor area of 62 square metres and would be located at the southern site boundary at the Weston Road / Jane Street intersection. The kiosk would have glazing on its northern frontage, no glazing on the Weston Road and Jane Street frontages and a door on its southern frontage. The Application would require the demolition of the one-storey commercial building occupied by three restaurant operations. At its meeting of July 23, 2018, City Council refused the Application and the Applicant appealed the refusal to the Local Planning Appeal Tribunal (the "LPAT"). The refusal was appealed under the Bill 139 regime and related LPAT rules (the "Appeal"). The Applicant also filed an appeal of its Site Plan Application to the LPAT (the "Site Plan Appeal"). The City and the Applicant filed appeal records, case synopses and related affidavits and attended at a mandatory Case Management Conference ("CMC") on March 6, 2019. At the CMC the parties advised that they were not in a positon to set a hearing on the merits and requested a further CMC to facilitate continued discussions between the parties on a without prejudice basis. The LPAT set a further CMC for October 24, 2019 and set aside the Site Plan Appeal to advance the Appeal of the Application. The City Solicitor is bringing this report for the purpose of requesting instructions for the upcoming CMC. City Planning has been involved in the preparation of this report.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion

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of the City Solicitor, as it contains advice that is subject to solicitor-client privilege and that Confidential Attachments 2, 3 and 4 remain confidential at the discretion of the City Solicitor.

On the record

The item as the City filed it

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