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←Toronto City Council · 2022-04-06 · 2022.CC42.6

The filed record

386-394 Symington Avenue, 405 Perth Avenue and 17 Kingsley Avenue - Official Plan and Zoning By-law Amendment Applications - Request for Further Direction

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The decision

2022-04-06 · Toronto City Council · adopted

As filed

City Council on April 6 and 7, 2022 adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 28, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (March 28, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 28, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege and litigation privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (March 28, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the "without prejudice" settlement offer described in Confidential Attachment 1 and Confidential Appendix A (the "Settlement Offer") to the report (March 28, 2022) from the City Solicitor and subject to the Parts below. 2. City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal with respect to the Official Plan Amendment and Zoning By-law Amendment appeal for 386-394 Symington Avenue, 405 Perth Avenue and 17 Kingsley Avenue (the "Site") in support of the minor revisions made to the proposed development in the Settlement Offer. 3. City Council authorize the City Solicitor to include the revised parking supply, the revised timing for completion of infrastructure improvements, the revised Section 37 implementation matters, and the revised Section 37 contribution amount, as set out in the Settlement Offer, in the Zoning By-laws to be submitted to the Ontario Land Tribunal, with the final form and content of the Zoning By-laws to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 4. City Council authorize the City Solicitor and other City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendix A to the report (March 28, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (March 28, 2022) 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 and litigation privilege. The balance of Confidential Attachment 1 to the report (March 28, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

An application to amend the zoning for 386-394 Symington Avenue, 405 Perth Avenue and 17 Kingsley Avenue was originally submitted to the City in October 2015 (the "Application"). The Application proposed a building with low-rise, mid-rise and tall building components, consisting of a 17-storey tower located at the south end of Perth Avenue, an 8-storey portion fronting onto Symington Avenue, and a 4-storey portion along the east side of Perth Avenue and the south side of Kingsley Avenue.

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The building would have a maximum height of 60.3 metres, maximum gross floor area of 31,630 square metres, and a maximum density of 3.96 times the lot area. The Application was appealed to the then Local Planning Appeal Tribunal (the "LPAT") in May 2017. At its meeting of May 22, 23, and 24, 2018, City Council accepted a settlement offer from the applicant (Item CC41.9). The settlement included community benefits under Section 37 of the Planning Act, which were further modified through a subsequent City Council decision in December 2018 (Item CC1.17). The LPAT issued an interim order conditionally approving the Application in December 2018. Following the conditional approval, the applicant proposed further changes to the Application, which were approved in principle by City Council at its meeting on July 14, 15, and 16, 2021 (Item TE26.14). The purpose of this report is to request further instructions with respect to the appeal at the Ontario Land Tribunal (the "OLT").

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to the report (March 28, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, and Confidential Appendix "A" to Confidential Attachment 1, to the report (March 28, 2022) from the City Solicitor, if adopted by City Council.

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3. City Council direct that all other information contained in Confidential Attachment 1 to the report (March 28, 2022) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege and litigation privilege.

    On the record

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