240 Markland Drive - Zoning By-law Amendment Applications - Request for Direction

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The decision

2019-07-16 · Toronto City Council · amended

As filed

City Council on July 16, 17 and 18, 2019 adopted the following: 1. City Council direct the City Solicitor to attend the Local Planning Appeal Tribunal hearing for 240 Markland Drive in opposition to the proposed Zoning By-Law Amendment application. 2. City Council authorize the City Solicitor to enter into negotiation with the applicant to reduce the overall mass and impact of the building, and to enter into minutes of settlement as deemed appropriate by the City Solicitor, in consultation with Planning staff and the Ward Councillor.

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3. City Council direct that Confidential Attachment 1 and Confidential Appendix A to the report (July 5, 2019) from the City Solicitor remain confidential in their entirety as they contain advice that is subject to solicitor-client privilege. 4. City Council authorize the City Solicitor and necessary City staff to take such steps as may be necessary to implement City Council's decision. Confidential Attachment 1 and Confidential Appendix A to the report (July 5, 2019) from the City Solicitor remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege.

On the agenda

As the city filed it

This application proposes to amend the Etobicoke Zoning Code to permit the development of two buildings including: a 9-storey residential apartment building fronting Bloor Street West with an integrated 3-storey residential townhouse block at the northwest corner of Broadfield Drive; and a 3-storey residential building at the northeast corner of Markland Drive and Sunplains Crescent. Combined, these buildings would contain 164 units.

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The existing 10-storey, 113 unit apartment building would be retained. The owner appealed the Zoning By-law Amendment application to the Ontario Municipal Board, now Local Planning Appeal Tribunal ("LPAT"), citing City Council's failure to make a decision within the prescribed time frame set out in the Planning Act. At the June 26, 27, and 28, 2018 meeting of City Council, Council provided City Legal staff with direction to oppose the zoning amendment in its current form, but set out modifications to the development (reduction of the overall height of the Bloor building by 1 storey, and introducing terracing to the south end of the Bloor building) that could form the basis of a settlement. The LPAT has held two pre-hearing conferences in this matter, and an 8-day hearing is scheduled to commence September 16, 2019 The purpose of this report is to request further instructions for the upcoming LPAT hearing.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential recommendations contained in Confidential Attachment 1. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Appendix A, 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 of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

On the record

The item as the City filed it

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