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Toronto City Council · 2020-02-26 · 2020.CC16.5

The filed record

2932, 2934, 2936, 2938, 2940 and 2942 Bayview Avenue - Official Plan and Zoning By-law Amendment Applications - Request for Direction

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The decision

2020-02-26 · Toronto City Council · amended

As filed

City Council on February 26, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (February 19, 2020) from the City Solicitor, as amended by motion 1 by Councillor Filion. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (February 19, 2020) from the City Solicitor, as amended by motion 1 by Councillor Filion, and City Council direct that the balance of Confidential Attachment 1 to the report (February 19, 2020) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (February 19, 2020) from the City Solicitor, as amended by motion 1 by Councillor Filion, were adopted by City Council and are now public, as follows: 1. City Council authorize the City Solicitor, together with City Planning staff to attend the Local Planning Appeal Tribunal hearing in support of the revised Zoning By-law Amendment and Site Plan Control applications for the lands at 2932 - 2942 Bayview Avenue. 2. Should the Local Planning Appeal Tribunal approve the Zoning By-law Amendment application, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Orders on the Zoning By-law Amendment appeals for the subject lands until such time as: a. the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the City; and b. the Owner addresses the outstanding items outlined in the memorandum from Engineering and Construction Services dated December 17, 2019, revised to January 24, 2020 and February 12, 2020, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. 3. Should the Local Planning Appeal Tribunal approve the Site Plan Control application, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order on the Site Plan Control appeal until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that: a. all Site Plan Control approval conditions have been finalized in a form satisfactory to the Chief Planner and Executive Director, City Planning; and b. the Applicant has satisfied all pre-approval conditions of Site Plan Control approval, including the execution and registration of a Site Plan Agreement with the City pursuant to Section 41 of the Planning Act and Section 114 of the City of Toronto Act, 2006 to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor. 4. City Council direct City Planning staff, prior to the April 14, 2020 hearing date, to consult with area residents who have made inquiries to City Planning about the proposed development, and the local Councillor, about any site plan control issues residents may have, and to consider these issues when resolving the outstanding site plan matters with the Applicant. 5. City Council authorize the City Solicitor and City Staff to take any necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 to the report (February 19, 2020) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 20016, as it contains information that is subject to solicitor-client privilege.

On the agenda

As the city filed it

On August 11, 2015, applications were submitted to the City to amend the Official Plan and Zoning By-law to permit two 4-storey apartment buildings on two blocks containing 48 residential units, with two levels of underground parking. A Site Plan Control Application was also submitted. The proposed gross floor area was 5,420 square metres, resulting in an FSI of 1.95. The applications were appealed to the former Ontario Municipal Board (OMB) due to Council's failure to make a decision within the time prescribed by the Planning Act and a Request for Direction Report (May 26, 2016) from the Director, Community Planning, North York District, was considered by City Council at its meeting on July 12, 13, 14 and 15, 2016.

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The report recommended that City Council authorize City staff to oppose the applications in their current form and continue discussions with the applicant. A hearing before the OMB was scheduled for August 30, 2016, but was adjourned at the request of the applicant. In response to comments by City staff the proposed development was amended significantly, as two apartment buildings were no longer proposed. Instead, 16 townhouses were proposed fronting onto Bayview Avenue, along with a detached dwelling fronting on Hollywood Avenue and a detached dwelling fronting on Elmwood Avenue. A 3-day hearing at the Local Planning Appeal Tribunal is scheduled to start on April 14, 2020. The City Solicitor seeks direction on this matter no later than the completion of the City Council meeting on February 27, 2020.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential recommendations in Confidential Attachment 1. 2. If the City Solicitor's confidential recommendations are adopted by Council, then City Council authorize the public release of the recommendations in Confidential Attachment 1 (with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege).

    On the record

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