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Toronto City Council · 2019-01-30 · 2019.CC2.1

The filed record

50-52 Finch Avenue East - Official Plan Amendment, Zoning By-law Amendment, and Site Plan Applications - Request for Direction Regarding Local Planning Appeal Tribunal Hearing

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The decision

2019-01-30 · Toronto City Council · amended

As filed

City Council on January 30 and 31, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (January 29, 2019) from the City Solicitor. 2. City Council authorize the public release of Confidential Attachment 1 to the supplementary report (January 29, 2019) from the City Solicitor, including the confidential instructions to staff.

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3. City Council direct that Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor remain confidential in its entirety as it pertains to litigation or potential litigation and it contains advice or communications that are subject to solicitor-client privilege. 4. City Council authorize the public release of Confidential Attachments 2 and 3 to the report (December 3, 2018) from the City Solicitor. The confidential instructions to staff adopted by City Council are now public, as follows: 1. City Council accept the Settlement Offer in Confidential Attachment 2 to the report (December 3, 2018) from the City Solicitor and as shown on the Revised Plans in Confidential Attachment 3 to the report (December 3, 2018) from the City Solicitor, subject to Parts 2 to 6 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 (December 3, 2018) from the City Solicitor and as shown on the Revised Plans in Confidential Attachment 3 to the report (December 3, 2018) from the City Solicitor, subject to Parts 3 to 6 below. 3. City Council instruct the City Solicitor and the Chief Planner and Executive Director, City Planning, to support an Official Plan Amendment application that removes the Subject Property from the Central Finch Area Secondary Plan area and to make the necessary modifications to the Central Finch Area Secondary Plan maps and policies to give effect to this Part 3. 4. City Council instruct the City Solicitor to support a Zoning By-law Amendment for the proposal that contains a maximum Floor Space Index of 4.5 times the area of the lot as calculated pursuant to Zoning By-law 569-2013. 5. City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment, Official Plan Amendment, and Site Plan applications until such time as the Tribunal has been advised by the City Solicitor that: a. the proposed Zoning By-law and Official Plan Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the Site Plan pre-approval conditions have been finalized to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and c. the Chief Engineer and Executive Director of Engineering and Construction Services has confirmed that all engineering matters have been addressed to the Chief Engineer and Executive Director of Engineering and Construction Services' satisfaction. 6. 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. Confidential Attachment 1 to the supplementary report (January 29, 2019) from the City Solicitor is now public and can be accessed under Background Information (City Council). Confidential Attachments 2 and 3 to the report (December 3, 2018) from the City Solicitor are now public and can be accessed under Background Information (City Council). Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City of Toronto and it contains advice that is subject to solicitor-client privilege.

On the agenda

As the city filed it

Global Vision Inc. (the "Applicant") is the owner of the properties municipally known as 50-52 Finch Avenue East (the "Subject Property"). The Applicant applied for official plan and zoning by-law amendments in order to facilitate a proposed redevelopment of the Subject Property. The Applicant has also applied for related site plan approval. The application proposes the redevelopment of the site for a 9 storey mixed use residential and commercial building with 64 residential units, 182 square metres (m²) of ground floor commercial uses, and a total FSI of 5.37 under Zoning By-law No.

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7625 (the "Applications"). A total of 42 parking spaces are proposed to be provided on two below grade parking levels. A total of 50 bicycle parking spaces are also proposed to be located below grade. The Applicant appealed the Applications to the Ontario Municipal Board (the "OMB") (now known as the Local Planning Appeal Tribunal) (the "LPAT") due to City Council's failure to make a decision. The appeal is known as LPAT File Nos. PL171419, PL171420, and MM170085. A four day hearing of this appeal is scheduled to be heard by the LPAT on June 11 to 14, 2019. A prehearing for this matter is schedule on January 19, 2019. As a result, the City solicitor is bring this report for the purpose of requesting instructions for the upcoming LPAT prehearing and hearing. Accordingly, this matter is urgent. 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, Confidential Attachment 2, Confidential Attachment 3, to this report, if adopted by City Council. 3. City Council direct that all other information contained in

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Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

    On the record

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