599 to 631 Kennedy Road - Official Plan Amendment and Zoning Amendment - Request for Directions

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The decision

2020-05-28 · Toronto City Council · adopted

As filed

City Council on May 28, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 19, 2020) from the City Solicitor 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 19, 2020) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (May 19, 2020) from the City Solicitor remain confidential at the discretion of the City Solicitor as it contains advice that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (May 19, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to attend the Local Planning Appeal Tribunal in support of the current application as outlined in the report (May 19, 2020) from the City Solicitor. 2. In the event that the Local Planning Appeal Tribunal allows the subject appeals in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order approving the Official Plan and Zoning By-law Amendment until the Local Planning Appeal Tribunal has been advised by the City Solicitor that the owner has entered into and has registered on title a Section 37 agreement under the Planning Act as follows: a. contribution of $279,545.00 consisting of $150,000 toward improvements to Corvette Park, with the balance divided equally toward renovations at the Albert Campbell District Branch library to enhance branch service capacity, and use by the City towards provision of a new non-profit child care facility or expansion of an existing non-profit child care facility within the vicinity of the subject site, prior to the issuance of the first above-grade building permit; this financial contribution amount shall be indexed upwardly from the date of the execution of the agreement in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area; and b. in the event the cash contribution referred to in Part 2.a. above has not been used for the intended purposes within three (3) years of the amending By-laws coming into 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. The balance of Confidential Attachment 1 to the report (May 19, 2020) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (May 19, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

The purpose of this report is to seek further instruction in relation to a development application for a properties at 599-631 Kennedy Road and related ongoing appeals at the Local Planning Appeal Tribunal. The LPAT has requested the parties schedule a case management conference for the summer of 2020, although no dates have been set at the time of this report. The purpose of this report is to seek City Council's direction with respect to newly filed revised plans for the site and to seek instruction with respect to the ongoing LPAT process.

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City Planning has reviewed the revised application and was consulted in the preparation of this report. This revised application proposes to amend the Official Plan to delete the subject lands from Site and Area Specific Policy No. 116 ("SASP 116") and to amend the Zoning By-law to permit redevelopment of the subject property with an 8 to 10-storey apartment building consisting of 205 apartment units having 208 parking spaces at 599 to 631 Kennedy Road. This application as originally filed in 2016 pertained only to a proposed redevelopment of 599 Kennedy Road with an 8-storey apartment building having 29 units. The application was subsequently appealed by the previous owner on November 28, 2017 to the Ontario Municipal Board ("OMB"), now constituted as the Local Planning Appeal Tribunal ("LPAT"), on the basis of non-decision by City Council. Subsequent to this appeal, the property was acquired in February 2018 by the current owner who assumed both the subject rezoning application and appeal to LPAT. The owner had previously acquired the abutting lands at 611 to 631 Kennedy Road in April 2017. The owner has now revised the subject rezoning application to replace the previous apartment proposals on the two properties with a modified combined new proposal for the expanded site, as discussed further in this report, for consideration as part of the pending LPAT hearing on the original appeal. The purpose of this report is to seek further instruction in relation to a development application for a properties at 599-631 Kennedy Road and related ongoing appeals at the Local Planning Appeal Tribunal. The LPAT has requested the parties schedule a case management conference for the summer of 2020, although no dates have been set at the time of this report. The purpose of this report is to seek City Council's direction with respect to newly filed revised plans for the site and to seek instruction with respect to the ongoing LPAT process. City Planning has reviewed the revised application and was consulted in the preparation of this report. This revised application proposes to amend the Official Plan to delete the subject lands from Site and Area Specific Policy No. 116 ("SASP 116") and to amend the Zoning By-law to permit redevelopment of the subject property with an 8 to 10-storey apartment building consisting of 205 apartment units having 208 parking spaces at 599 to 631 Kennedy Road. This application as originally filed in 2016 pertained only to a proposed redevelopment of 599 Kennedy Road with an 8-storey apartment building having 29 units. The application was subsequently appealed by the previous owner on November 28, 2017 to the Ontario Municipal Board ("OMB"), now constituted as the Local Planning Appeal Tribunal ("LPAT"), on the basis of non-decision by City Council. Subsequent to this appeal, the property was acquired in February 2018 by the current owner who assumed both the subject rezoning application and appeal to LPAT. The owner had previously acquired the abutting lands at 611 to 631 Kennedy Road in April 2017. The owner has now revised the subject rezoning application to replace the previous apartment proposals on the two properties with a modified combined new proposal for the expanded site, as discussed further in this report, for consideration as part of the pending LPAT hearing on the original appeal.

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 Confidential Recommendations in Confidential Attachment 1 if adopted by City Council, with the balance of Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor as it contains advice which is subject to solicitor-client privilege.

On the record

The item as the City filed it

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