The filed record
6020 and 6030 Bathurst Street - Zoning By-law Amendment Application - Request for Directions
The Public Gallery wrote no story on this item. What follows is the city’s own record of what happened to it, as filed: nothing on this page is summarised or scored by us.
The decision
2019-12-17 · Toronto City Council · amended
As filed
City Council on December 17 and 18, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor, as amended by motion 1 by Councillor James Pasternak. 2. City Council authorize the public release of confidential instructions to staff in Confidential Attachment 1, as amended, and Confidential Appendices A, B, C and F to the report (December 11, 2019) from the City Solicitor.
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3. City Council direct that the balance of Confidential Attachment 1 and Confidential Appendices D and E to the report (December 11, 2019) from the City Solicitor remain confidential as they contain advice that is subject to solicitor-client privilege. 4. City Council request the Chief Planner and Executive Director, City Planning or designate to consult with the Ward Councillor prior to the approval of the Construction Mitigation and Tenant Communication Plan to be provided by the owner pursuant to the Site Plan approval process for the proposed development. The confidential instructions to staff in Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor were adopted, as amended, by City Council and are now public, as follows: 1. City Council accept the Owner's offer to settle the subject appeal on the terms described in Confidential Appendix A and Confidential Appendix F to the report (December 11, 2019) from the City Solicitor, and in substantial accordance with the block plan included as Confidential Appendix B to the report (December 11, 2019) from the City Solicitor and the architectural drawings included as Confidential Appendix C to the report (December 11, 2019) from the City Solicitor (collectively, the "Settlement Offer"), provided that the Owner confirm in writing, to the satisfaction of the City Solicitor in advance of a settlement hearing before the Local Planning Appeal Tribunal, that it agrees to pay the amount in section 11 of Confidential Appendix A to the report (December 11, 2019) from the City Solicitor prior to the issuance of the first below-grade shoring permit for the site and that said monies shall be used in the immediate vicinity of the site or within Ward 6, all subject to the Owner entering into the necessary Section 37 Agreements with the City and neighbouring land owners to secure both community benefits to be provided on-site and to financially secure the provision of public infrastructure within the block as shown on Confidential Appendix B to the report (December 11, 2019) from the City Solicitor at no cost to the City prior to the coming into force of legislative amendments under Bill 108 - More Homes, More Choices Act, 2019, Section 9 and Section 10 of Schedule 12. 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 subject to the direction provided in Part 1 above. 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, including the review and approval of all matters described as preconditions to the Local Planning Appeal Tribunal issuing its final Order in connection with the subject appeal, and entering into and registering against title to the subject lands the described Agreements authorised pursuant to Section 37 of the Planning Act. 4. City Council direct the Chief Planner and Executive Director, City Planning or designate to allocate the community benefits cash payment of $1,250,000 as identified in the Owner's Settlement Offer towards park improvements and/or community facility improvements within proximity of the site or Ward 6, at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor. 5. Subject to the Owner's failure to enter into the necessary Section 37 Agreements as on the terms described in Part 1 above, City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in opposition to the development proposal as described by the Settlement Offer. Confidential Appendices A, B, C and F to the report (December 11, 2019) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 and Confidential Appendices D and E to the report (December 11, 2019) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege.
The vote
Adopt Item as Amended · Carried, 19-1
The whole record, all 26 members
- Ana BailãoAbsent
- Anthony PerruzzaFor
- Brad BradfordFor
- Cynthia LaiAbsent
- Denzil Minnan-WongAbsent
- Frances NunziataFor
- Gary CrawfordFor
- Gord PerksFor
- James PasternakAgainst
- Jaye RobinsonAbsent
- Jennifer McKelvieFor
- Jim KarygiannisFor
- Joe CressyFor
- John FilionAbsent
- John ToryFor
- Josh MatlowFor
- Kristyn Wong-TamFor
- Mark GrimesFor
- Michael FordFor
- Michael ThompsonFor
- Mike ColleAbsent
- Mike LaytonFor
- Paul AinslieFor
- Paula FletcherFor
- Shelley CarrollFor
- Stephen HolydayFor
Every name opens that member’s record.
On the agenda
As the city filed it
On April 5, 2018, the City Clerk's office received a Notice of Appeal to the Local Planning Appeal Tribunal (the "Tribunal" or "LPAT") filed by Timbercreek Asset Management Inc. (the "Owner") in respect of an application to amend City of Toronto By-law 569-2013, as amended, and former City of North York By-law 7625, as amended, for the lands municipally known as 6020 & 6030 Bathurst Street (LPAT Case No. PL180386). The grounds for the appeal are City Council's failure to make a decision on the application prior to the lapsing of the statutory time period under the Planning Act.
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Direction from City Council is required on this matter which has been appealed to the Tribunal.
Staff recommended
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1; 2. City Council authorize the public release of the recommendations in Confidential Attachment 1 and the information in Appendix A, Appendix B, Appendix C, and Appendix F to Confidential Attachment 1 in the event City Council adopts the recommendations in Confidential Attachment 1; and 3. City
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Council direct the balance of Confidential Attachment 1, including Appendix D and Appendix E, remain confidential as it contains advice which is subject to solicitor-client privilege.
On the record
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