30 and 44 Zorra Street - Zoning Amendment Application - Further Request for Direction

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The decision

2020-06-29 · Toronto City Council · adopted

As filed

City Council on June 29 and 30, 2020 adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 17, 2020) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments 2 and 3 to the report (June 17, 2020) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 17, 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 (June 17, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council authorize the City Solicitor and appropriate City staff to secure the future conveyance for public road purposes of approximately 733.4 square metres of land to the City for the future extension of Cavan Street (the "Caven Street Extension Lands") and the nominal licence on the terms and conditions set out in Confidential Attachment 2 in the Section 37 agreement. 2. City Council authorize the City to enter into a nominal licence agreement (the "Licence Agreement") with the Owner on the terms and conditions set out in Confidential Attachment 2 to the report (June 17, 2020) from the City Solicitor and such other terms and conditions as may be acceptable to the Executive Director, Corporate Real Estate Management and in a form satisfactory to the City Solicitor and City Council authorize the Executive Director, Corporate Real Estate Management to execute the Licence Agreement on behalf of the City. 3. City Council authorize the City Solicitor to complete the transaction under the Licence Agreement and administer the Licence Agreement, including paying any necessary expenses, if any, and amending and waiving terms and conditions, on such terms as the City Solicitor considers reasonable. 4. City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal respecting the Zoning By-law Amendment appeal for 30, 44 Zorra Street in support of the minor revisions made to the proposed development as set out in Architectural Drawings, A100 to A501, prepared by Graziani + Corazza Architects and dated December 19, 2019. 5. City Council authorize the City Solicitor and City Staff to include the revised built form setbacks in Schedule B of the draft Zoning By-law to be submitted to the Local Planning Appeal Tribunal. 6. City Council authorize the City Solicitor and other City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Attachments 2 and 3 to the report (June 17, 2020) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (June 17, 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 (June 17, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

In October 28, 2015, a Zoning By-law Amendment was submitted in regards to the land municipally known as 30 and 44 Zorra Street. On May 26, 2017, City Council's failure to make a decision was appealed to the Ontario Municipal Board, now known as the Local Planning Appeal Tribunal (the "LPAT"). On July 23, 2018, City Council adopted a recommendation from the City Solicitor to accept a settlement offer dated March 2, 2018 (the "Settlement Offer") from the applicant Zorra Developments Limited (the "Owner") and authorized the City Solicitor and appropriate City Staff to attend the LPAT hearing in support of the revised proposal of a 35-storey residential building, as detailed in the Settlement Offer.

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City Council also accepted an on-site parkland dedication, approved a development charge credit, and authorized the City Solicitor to enter into an agreement with the Owner pursuant to Section 37 of the Planning Act. The LPAT issued a decision on December 6, 2018 approving the revised proposal and identifying that the final order of the LPAT would be withheld until a clearance letter had been received by the LPAT from the City Solicitor addressing a number of outstanding items, including that the City Solicitor has advised the LPAT that the proposed Zoning By-law Amendment is in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; the Chief Engineer had confirmed that all engineering matters have been addressed; and the Section 37 agreement has been executed. On October 29th, 2019, the City Council adopted recommendations from the City Solicitor to support minor revisions to the proposal's residential unit count and vehicular parking count. As was instructed by City Council on July 23, 2018, the Section 37 agreement is to secure, amongst other things, the future conveyance for public road purpose of approximately 733.4 square metres of land to the City for the future extension of Caven Street. In order for the future extension of Caven Street to meet the City's standards, at such time as the City requires the future Caven Street to be dedicated as a public highway, the road must either form part of a through public road connection to the west or, if the western connection is not achieved, it will alternatively be required to terminate at a properly-designed DIPS turning basin. The approved proposal is to be accessed by way of the future extension of Caven Street. The purpose of this report is to request further instructions. City Planning and Corporate Real Estate Management have been involved in the preparation of this report.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in 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 and 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 which is subject to solicitor-client privilege.

On the record

The item as the City filed it

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