25 Mabelle Avenue - Zoning By-law Amendment - Request for Direction

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The decision

2022-07-19 · Toronto City Council · adopted

As filed

City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor, at the discretion of the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 and Confidential Appendices A and B to the report (July 8, 2022) from the City Solicitor remain confidential, as they contain advice or information that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendices A and B to the report (July 8, 2022) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice or information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

On March 9, 2020, the owner of the property at 25 Mabelle Avenue appealed its Zoning By-law Amendment application to the Local Planning Appeal Tribunal (LPAT), citing City Council's failure to make a decision on the application within the prescribed timelines of the Planning Act. A 10-day hearing at the LPAT (later continued as the Ontario Land Tribunal (OLT)) was held April 19-30, 2021. The site is currently occupied by a 30-storey residential rental apartment building located on the eastern portion of the subject site.

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The existing building has a total of 416 rental units. The western portion of the subject site is an open space area above the underground parking structure servicing the existing building. In a decision dated November 22, 2021 in OLT Case No. PL200164, the OLT granted the owner's appeal of its application to amend the former City of Etobicoke Zoning Code and Site Specific Zoning By-law No. 1088-2002 for the property at 25 Mabelle Avenue to develop, on the western portion of site, a 49-storey tower having an overall building height of 153 m (excluding mechanical equipment). The proposal, as opposed by City staff and adjudicated and heard at the OLT, would contain 486 residential units, with approximately 154 square metres of non-residential gross floor area located at-grade fronting Mabelle Avenue. The OLT withheld its Final Order pending resolution of the final form of the By-law amendments in a form reflecting the Tribunal's decision and acceptable to the City and the owner. The City Solicitor requires further instructions in respect to settling the form of by-law amendment.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, if adopted by City Council, at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1,

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and Confidential Appendices A and B, are to remain confidential, as they contain advice or information which is subject to solicitor-client privilege.

On the record

The item as the City filed it

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